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Berger v Council of the Law Society of New South Wales

[2019] NSWCA 119

NSW Court of Appeal · 23 May 2019 · Official judgment

Cited by 13 indexed judgments

All Cited 13

2019: 3 citing judgments 2020: 2 citing judgments 2021: 7 citing judgments 2023: 1 citing judgment 2019 2020 2022 2024 2026
citing judgments per year of which distinguished, doubted, not followed or overruled · line marks the decision

Sort: Oldest first Newest first Most cited

  1. Council of the Law Society of NSW v Thadsanamorthy [2019] NSWCATOD 96 Cited NCAT Occupational · cited 4× · judgment
  2. Murabito v Department of Fair Trading [2019] NSWCATOD 136 Cited NCAT Occupational · cited 2× · judgment
  3. Naumburger in his capacity as Executor of the estate of the late Harry Norman Freedman v Berger [2019] NSWSC 1700 Cited Supreme Court of NSW · judgment
  4. Council of the Law Society of New South Wales v Leslie [2020] NSWCATOD 81 Cited NCAT Occupational · cited 2× · judgment
  5. Council of the Law Society of New South Wales v Zhukovska [2020] NSWCA 163 Cited NSW Court of Appeal · cited 17× · judgment
  6. Council of the New South Wales Bar Association v EFA [2021] NSWCATOD 21 Cited NCAT Occupational · cited 2× · judgment
  7. Council of the New South Wales Bar Association v Siggins [2021] NSWCA 40 Cited NSW Court of Appeal · cited 11× · judgment
  8. Council of the Law Society of New South Wales v Leslie [2021] NSWCA 59 Cited NSW Court of Appeal · cited 3× · judgment
  9. DEJ v Council of the New South Wales Bar Association [2021] NSWCA 72 Cited NSW Court of Appeal · cited 2× · judgment
  10. Rodney Naumburger in his capacity as Executor of the Estate of the late Harry Norman Freedman v Victor Berger [2021] NSWSC 903 Cited Supreme Court of NSW · cited 1× · judgment
  11. Council of the Law Society of New South Wales v McGlinchey [2021] NSWCATOD 147 Cited NCAT Occupational · cited 2× · judgment
  12. Council of the New South Wales Bar Association v EFA (a pseudonym) [2021] NSWCA 339 Cited NSW Court of Appeal · cited 49× · judgment
  13. Beau Timothy John Hartnett trading as Hartnett Lawyers v Anthony Robert Bell as Executor of the Estate of the late Mabel Dawn Deakin-Bell [2023] NSWCA 244 Cited NSW Court of Appeal · cited 11× · judgment

Tree of authority

Built on

The authorities this case relies on, earliest first, and the authorities those relied on. Open a branch to go further back.

Built upon

Later cases citing this one, in order of decision, and the cases citing them in turn. The most cited are shown at each level.

Authorities cited (27)

Earliest first, with how this judgment treated each.

  1. Briginshaw v Briginshaw [1938] HCA 34 Applied or followed cited 3,164×
  2. Ex parte Lenehan [1948] HCA 45 Cited cited 87×
  3. Jones v Dunkel [1959] HCA 8 Cited cited 2,918×
  4. Re Mayes and Legal Practitioners Act (1974) 1 NSWLR 19 Cited cited 5×
  5. Johns v Law Society of New South Wales [1982] 2 NSWLR 1 Cited cited 39×
  6. R v Ghosh [1982] EWCA Crim 2 Cited cited 24×
  7. Dupal v Law Society of New South Wales [1990] NSWCA 56 Cited cited 29×
  8. Smith v New South Wales Bar Association [1992] HCA 36 Cited cited 394×
  9. Peters v The Queen [1998] HCA 7 Applied or followed cited 108×
  10. O’Connor v Fitti [2000] NSWSC 540 Cited cited 8×
  11. NEW SOUTH WALES BAR ASSOCIATION v CUMMINS [2001] NSWCA 284 Cited cited 186×
  12. Macleod v The Queen [2003] HCA 24 Applied or followed cited 47×
  13. Prothonotary of the Supreme Court of NSW v P [2003] NSWCA 320 Cited cited 59×
  14. The Council of the Law Society of NSW v Doherty [2010] NSWCA 177 Applied or followed cited 20×
  15. Council of the Law Society of NSW v Nicholls [2012] NSWADT 222 Cited cited 9×
  16. Berger v Council of the Law Society of New South Wales [2013] NSWCA 278 Cited cited 3×
  17. Berger v Council of the Law Society of New South Wales [2013] NSWCA 336 Cited cited 5×
  18. Berger v Council of the Law Society of NSW [2013] NSWSC 1080 Cited cited 15×
  19. Berger v Council of the Law Society of NSW (No 2) [2013] NSWSC 1131 Cited cited 4×
  20. A Solicitor v Council of the Law Society of New South Wales [2013] NSWSC 921 Cited cited 5×
  21. Achurch v The Queen [2014] HCA 10 Cited cited 55×
  22. Kumar v Legal Services Commissioner [2015] NSWCA 161 Cited cited 25×
  23. Attwells v Jackson Lalic Lawyers Pty Limited [2016] HCA 16 Cited cited 70×
  24. Pham v Legal Services Commissioner [2016] VSCA 256 Applied or followed cited 5×
  25. Law Society of NSW v Berger (No. 1) [2017] NSWCATOD 137 Cited cited 6×
  26. Konstantinidis v Council of the Law Society of New South Wales [2018] NSWCA 59 Cited cited 6×
  27. Council of the Law Society of NSW v Berger (No. 2) [2018] NSWCATOD 4 Cited cited 2×
How the citator works

Citations are read from the text of each indexed judgment. A report citation written alongside a neutral citation, such as [2008] HCA 9; (2008) 234 CLR 50, teaches the citator that both name the same case, so later citations by either are counted together.

Treatment is read from the words in the sentence that cites the case: overruled or disapproved; not followed or declined to follow; distinguished or distinguishable; doubted; applied, followed or adopted. Anything else is cited. It is a guide to which judgments to read, not a judicial history: a judgment that discusses a case at length without one of those words is shown as citing it, and one mentioning several cases in a sentence may attach the word to all of them.

Only judgments in this index are counted, mostly the High Court, the Federal Court and New South Wales courts and tribunals since 2006. Earlier cases appear as authorities but their own authorities are unknown, so a tree ends there. Check a treatment by reading the passage before relying on it.

Judgment text is from the Open Australian Legal Corpus (Isaacus, CC BY 4.0) and the courts’ own websites. Each judgment links to its official version: read it before relying on anything here.