Pantano v The Queen

This matter came before the High Court of Australia concerning an application to remove a solicitor from the record. The applicant, Mr Pantano, was represented by Mr Lungo, who appeared on behalf of Miss Johnson, the solicitor seeking removal. The respondent, the Crown, was represented by Mr Kavanagh. Mr Pantano was in custody and unable to attend court.

The primary legal issue before the Court was whether the rules for removing a solicitor from the record adequately contemplated a situation where the client, who had an interest in the matter, was in custody and potentially unable to make representations regarding the application. The Court also considered the practicalities of ensuring Mr Pantano was aware of the proceedings and had an opportunity to be heard.

The Court acknowledged that while the service of the application appeared to conform with the rules, there was doubt as to whether the rules were designed for a client in Mr Pantano's circumstances. Mr Lungo suggested an adjournment to allow Mr Pantano to attend, but the Court considered an alternative practical solution. The Court indicated a preference for a direction to the Registrar to communicate with the prison authorities to ascertain if Mr Pantano wished to oppose the application. Mr Kavanagh agreed that this was likely the most practical approach.