Mr Buckley’s barrister Paul d’Assumpcao disagreed, arguing that all the documents considered by the Law Society must be scrutinised by the tribunal. He said it was not simply a matter of looking at particular posts that led to the disciplinary action being taken, but the “broader context”.
“In short, I say the applicant is entitled to test his accuser,” Mr d’Assumpcao said.
In recent days, Mr Buckley has separately been informed that the Law Society is proposing to cancel his practising certificate due to social media posts made by G&B Lawyers, including some made in the aftermath of the firm’s unsuccessful challenge to the NSW public health orders restricting the activities of residents who have not been vaccinated against COVID-19.
On October 15, the day the vaccine mandate judgment was handed down, G&B Lawyers wrote on Facebook and Twitter: “Justice Beech-Jones today said that no one in NSW has any rights. No one has a right to bodily integrity. He basically said it is ok to kill anyone you like.”
When a Twitter user responded to this, asking if it meant someone could cut the testicles off paedophiles, the G&B Lawyers account responded: “You’re correct based on today’s judgment. Go for it. Pedos have no rights.”
Another Twitter user asked if the judgment gave them a green light to go on a “rampage” against people who have wronged them. G&B wrote: “Yeah. [Justice] Beech-Jones said no one has any rights in New South Wales. Do as you please.”
The Law Society wrote to Mr Buckley on October 20, arguing the posts demonstrate that Mr Buckley is unable to fulfil the inherent requirements of an Australian legal practitioner. Mr Buckley was invited to respond to this contention in writing by November 5.
Mr Buckley posted the document on social media and launched a fundraiser, which has raised more than $17,000 for the fight to keep his practising certificate.
He wrote that the Law Society “want to silence me for pointing out the truth” that the health minister “can make public health orders sentencing unvaccinated people to their death”.
The tribunal will make a decision on the documents at a later date.
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