Knaggs v The Solicitors Statutory Committee

This matter came before the High Court of Australia on an application for special leave to appeal. The applicant, Mr D. Knaggs, sought to challenge a decision of the Court of Appeal of New South Wales. The respondents were the Solicitors Statutory Committee and the Law Society of New South Wales. The core of the dispute concerned the proper forum for a review of a decision made by the Solicitors Statutory Committee.

The primary legal issue before the High Court was whether an application for review of a decision by the Solicitors Statutory Committee should be heard at first instance by a division of the Supreme Court, or whether it could be appealed directly to the Court of Appeal. Mr Knaggs contended that the *Supreme Court Act* (NSW) did not list the Solicitors Statutory Committee as a tribunal whose decisions could be appealed directly to the Court of Appeal, and that this omission indicated a legislative intention for such reviews to be heard at first instance.

The High Court, in granting Mr Knaggs leave to present his case in person, did not delve into the substantive arguments regarding the interpretation of the *Supreme Court Act*. However, the applicant's stated contention was that the legislature's omission of the Solicitors Statutory Committee from the list of tribunals subject to direct appeal to the Court of Appeal implied that such applications for review were intended to be heard by a division of the Supreme Court. Mr Knaggs also referred to a line of authorities supporting the principle that the clear intention of the legislature, as expressed in statutory language, should not be questioned.

The High Court granted Mr Knaggs leave to present his case in person. The Court indicated that it would only hear the application for special leave to appeal at that stage, not the substantive appeal itself.