Viscariello v Legal Profession Conduct Commissioner (No 2)

In *Viscariello v Legal Profession Conduct Commissioner (No 2)*, the Full Court of the Supreme Court of South Australia considered an appeal concerning the validity of certain delegations made by the Legal Profession Conduct Commissioner. The appellant sought declarations regarding the validity of these delegations, while the respondent, the Legal Profession Conduct Commissioner, defended their legality.

The central legal issue before the Full Court was whether the primary judge had erred in refusing to make declarations as to the validity of the delegations. More specifically, the Court had to determine if the delegations made by the Commissioner complied with the requirements of the *Public Sector (Honesty and Accountability) Act 1995* (SA) and any relevant authorisations from the Attorney-General.

The Court found that while the primary relief sought by the appellant – declarations as to the validity of all the delegations – was not granted, the appellant had achieved significant success on appeal. The Court determined that, with the exception of two specific delegations to Ms Eszenyi, the other delegations made by the Commissioner were not compliant with the relevant legislation or authorisations. This partial success meant that the general rule that costs follow the event was applied, but with a nuanced approach to reflect the mixed outcome.