Russo v Legal Services Commissioner

Salvatore Russo appealed to the Supreme Court of New South Wales against an order of the Civil and Administrative Tribunal that his name be removed from the roll of legal practitioners. Mr Russo sought a stay of the Tribunal's order, or, if the order had already been executed, the restoration of his name to the roll pending the determination of his appeal.

The primary legal issues before the Court were whether a single Judge of Appeal had the power to grant such an order, whether Mr Russo had demonstrated arguable grounds of appeal, and whether the balance of convenience favoured the making of the order sought. The Court also considered whether, as a matter of discretion, it should make the order.

Barrett AJA found that there were arguable grounds of appeal and that the balance of convenience favoured the making of the order. His Honour reasoned that it was appropriate to grant a stay of the Tribunal's order, or to reinstate Mr Russo's name to the roll, provided Mr Russo gave the usual undertaking as to damages and a further undertaking to surrender his practising certificate and request the removal of his name from the roll if requested by the Court. The appeal was expedited and directed to be placed in the Registrar's list for directions.