Law Society of New South Wales v Et

The applicants, the Law Society of New South Wales, sought an order preventing the respondent, Et, from publicly commenting on matters relating to the disciplinary proceedings against him. Et was a practising lawyer in New South Wales and the subject of disciplinary proceedings by the Law Society. The Supreme Court of New South Wales considered the application, which was brought pursuant to section 173 of the Law Society Act 1987. The court was required to determine whether Et was entitled to make public comments on the proceedings against him and, if so, whether a non-publication order should be made to prevent him from doing so. The court found that Et had a right to comment on the proceedings under section 174 of the Law Society Act 1987. The court considered that the right to freedom of political communication was engaged and that the order sought by the applicants was not narrowly tailored to achieve a legitimate aim. The court found that the proposed order was not proportionate and was therefore not an appropriate remedy. The court dismissed the application and made a limited non-publication order, preventing Et from making comments that would be likely to bring the administration of justice into disrepute or prejudice the proceedings against him. The court made no order as to costs.