Odtojan v Condon (No 2)

In *Odtojan v Condon (No 2)*, the Court of Appeal of New South Wales considered whether to refer the conduct of legal practitioners to the Office of the Legal Services Commissioner. The proceedings involved submissions and an affidavit that had been supplied to the Court, which the Court found confirmed the appropriateness of such a referral.

The central legal issue before the Court was whether the conduct of the legal practitioners warranted a referral to the Legal Services Commissioner for investigation. This required the Court to assess the material before it to determine if there was a prima facie case of professional misconduct or unsatisfactory professional conduct.

The Court's reasoning, as indicated by the catchwords, was that the submissions and affidavit provided by the parties sufficiently demonstrated that a referral was appropriate. The Court applied the principle that where there is evidence suggesting a breach of professional obligations by legal practitioners, it has a duty to ensure that such matters are properly investigated by the relevant regulatory body. Consequently, the Registrar of the Court was directed to refer the papers in the proceeding to the Office of the Legal Services Commissioner.