Sullivan v Council of the Law Society of New South Wales

The appeal concerned a decision of the Council of the Law Society of New South Wales regarding professional misconduct. The appellant, a solicitor, had failed to comply with a notice issued under section 660 of the *Legal Profession Act 2004* (NSW). The primary dispute revolved around whether this failure constituted professional misconduct as defined by the Act.

The court was required to determine whether the appellant's non-compliance with the notice issued by the Law Society amounted to professional misconduct. This involved an examination of the nature of the obligation imposed by section 660 and the consequences of failing to meet that obligation within the framework of the *Legal Profession Act 2004* (NSW).

The court reasoned that a failure to comply with a notice issued under section 660 of the *Legal Profession Act 2004* (NSW) was, by its nature, conduct that would be regarded by practising solicitors as disgraceful or dishonourable. The court applied the principle that such non-compliance undermines the regulatory framework established by the Act, which is designed to ensure the proper conduct of legal practitioners. Consequently, the court found that the appellant's actions did indeed constitute professional misconduct. The appeal was dismissed, and the appellant was ordered to pay the respondent's costs.