Simic & Norton

In the matter of Simic & Norton, Benjamin J of the Supreme Court of New South Wales directed that certain documents be forwarded to the Legal Services Commission of New South Wales. These documents included a sealed copy of the court's order, the reasons for that order, and the submissions made by the parties concerning a referral to the Legal Services Commission.

The court requested that the Legal Services Commission investigate and consider whether the costing and approaches adopted by the solicitors for the parents in the proceedings constituted professional misconduct or unsatisfactory professional conduct. Specifically, the court asked the Commissioner to examine whether the legal work undertaken was necessary for the clients' legitimate forensic needs, whether it was performed reasonably given the clients' lack of sophistication in family law litigation and the emotional circumstances, and whether the legal costs and disbursements claimed were fair, reasonable, and proportionate to the issues in the proceedings.

Furthermore, the court granted the Legal Services Commissioner or their nominee leave to access photocopies of all documents on the court file, including exhibits, for the purpose of this investigation.