Stanoevski v The Council of the Law Society of New South Wales

The appeal concerned disciplinary proceedings against a legal practitioner, Ms Stanoevski, initiated by the Council of the Law Society of New South Wales. The core of the dispute involved allegations of professional misconduct arising from Ms Stanoevski's deliberate actions in proffering false documents to the Family Court and her subsequent attempts to mislead the Law Society. The matter was heard by the Court of Appeal of New South Wales.

The Court of Appeal was required to determine whether Ms Stanoevski had engaged in professional misconduct, and if so, what disciplinary action was appropriate. Specifically, the court considered whether the Appeal Panel had erred in finding that Ms Stanoevski had deliberately attempted to mislead the Tribunal at first instance by giving false evidence. The court also had to assess the impact of Ms Stanoevski's subjective circumstances on her performance as a witness and whether the principle in *Briginshaw v Briginshaw* was applicable to the decision regarding striking off. Furthermore, the court examined issues of procedural fairness, particularly concerning the conduct of the case before the Appeal Panel and whether the grounds of information had been amended to properly raise the allegation of giving false evidence before the Tribunal.

The Court of Appeal reasoned that the principle in *Briginshaw v Briginshaw* was not applicable to the question of whether striking off was an appropriate disciplinary response to the findings of misconduct. The court found that the Appeal Panel had erred in its approach to the allegation of deliberately misleading the Tribunal at first instance, as this issue had not been properly raised or considered. Consequently, the appeal was allowed in part, with further orders detailed in paragraph 57 of the judgment.