Odtojan v Glynn t/as Glynns Lawyers; Odtojan v Ford (No 2)

The proceedings involved the parties Odtojan (the applicant) and Glynn t/as Glynns Lawyers and Ford (the respondents). The dispute concerned the conduct of the respondents, legal practitioners, in relation to judgments and papers within the proceedings. The matter came before the Court of Appeal of New South Wales.

The primary legal issue before the Court was whether the judgments and papers in the proceedings, including a specific email, should be referred to the Legal Services Commissioner for investigation into potential misconduct. This question arose in circumstances where the legal practitioners had been directed to show cause why such a referral should not occur, but had failed to provide any submissions in response.

The Court reasoned that the failure of the legal practitioners to provide any submissions in response to the direction to show cause meant there was no material before the Court to suggest that the judgments and papers should not be referred. Consequently, the Court exercised its discretion to refer the relevant documents to the Legal Services Commissioner. The Registrar of the Court was directed to make the referral.