Wade and McPherson (No.2)

This matter concerned an application before Judge Scarlett in the Supreme Court of New South Wales. The applicant, Wade and McPherson (No.2), sought orders in relation to proceedings. The court's decision ultimately involved a referral to the Legal Services Commissioner concerning the conduct of a solicitor, Mr Perov, who represented the applicant.

The central legal issue before the court was whether Mr Perov, in his written and oral submissions made on behalf of the applicant on 23 September 2013, had demonstrated unsatisfactory professional conduct. This required the court to assess the quality and propriety of the legal arguments and representations made by Mr Perov.

Judge Scarlett ordered that a copy of the Reasons for Decision be forwarded to the Office of the Legal Services Commissioner. This was accompanied by a request for the Commissioner to investigate whether Mr Perov's conduct constituted unsatisfactory professional conduct. The court's decision therefore did not determine the substantive application itself but rather initiated a disciplinary process concerning the conduct of legal representation.