NEW SOUTH WALES COURT ISSUES JUDGEMENT ON VLADIMIR SHAPKIN V/S COUNCIL OF THE LAW SOCIETY OF NEW SOUTH WALES CASE

Australia, July 2 -- New South Wales Land and Environment Court issued text of the following judgement:

1. On 27 February 2025, Mr V Shapkin (the applicant) lodged an administrative review application with the NSW Civil and Administrative Tribunal (NCAT) in which he sought to challenge a decision made by the Council of the Law Society of New South Wales (the Council or respondent) on 13 February 2025 to refuse his application for the grant of a practising certificate for the 2024/25 practising certificate year. At the same time, he also lodged an application with NCAT seeking a stay of the Council's decision.

2. Mr Shapkin is an Australian lawyer within the meaning of the Legal Profession Uniform Law (NSW) (the Uniform Law), being a person admitted to the Australian legal profession in New South Wales (and in Queensland). The decision of the Council to refuse to grant the requested practising certificate (the Decision) was made under s 45 of the Uniform Law.

3. In his applications lodged 27 February 2025, the applicant did not identify the source of NCAT's jurisdiction to conduct the requested administrative review of the Decision or to decide his stay application.

4. The administrative review application was listed for a hearing on jurisdiction, initially on 5 April 2025. The Tribunal made procedural directions to provide the parties with the opportunity to provide written submissions and material sought to be relied on, limited to the question of NCAT's jurisdiction. The applicant was made aware that he would need to identify NCAT's jurisdiction to allow it to make the orders sought, and that if he failed to identify NCAT's jurisdiction, his applications may be dismissed for want of jurisdiction.

5. The applicant sought an adjournment of that hearing date on medical grounds. That adjournment was granted. The parties were heard on jurisdiction on 28 May 2025 ("the jurisdiction hearing").

6. The applicant contended that NCAT has jurisdiction to determine his application for administrative review of the Decision (and his stay application). The respondent submitted that NCAT has no jurisdiction to decide the applications.

7. There is no source of jurisdiction which would allow NCAT to make the orders sought by the applicant. NCAT does not have authority to decide the applications. Accordingly, the applications lodged by the applicant on 27 February 2025 are dismissed for want of jurisdiction.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1971fabad90144dcb6c99b0c)

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