Council of the Law Society of NSW v Jiao [2020] NSWCATOD 63

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Jiao [2020] NSWCATOD 63 Hearing dates: On the papers Date of orders: 15 June 2020 Decision date: 15 June 2020 Jurisdiction: Occupational Division Before: Naida Isenberg, Senior Member A Boxall, Senior Member E Hayes, General Member Decision: The Tribunal finds that that the Respondent is guilty of professional misconduct in that: 1. he contravened a condition of his Practising Certificate. 2. he failed to comply with an undertaking that he provided to the Society dated 10 July 2012.

Orders: (1) the Solicitor be reprimanded. (2) the Solicitor pay a fine of $5000. (3) the Solicitor pay the Law Society's costs as agreed or assessed. Catchwords: LEGAL PRACTITIONER – disciplinary proceedings – breach of undertaking – breach of condition of practising certificate – professional misconduct – costs Legislation Cited: Civil and Administrative Tribunal Act 2013 Legal Profession General Uniform Rules 2015 Legal Profession Uniform Law Australian Solicitor's Conduct Rules 2015 Legal Profession Uniform Law (NSW) Cases Cited: Allinson v General Council of Medical Education and Registration [1894] 1 QB 750 Bechara v Legal Services Commissioner [2010] NSWCA 369 Council of the Law Society of New South Wales v Kim [2012] NSWADT 45 Council of the Law Society of New South Wales v Konstantinidis [2019] NSWCATOD 104 Council of the Law Society of New South Wales v Lewis [2019] NSWCATOD 100 Council of the Law Society of New South Wales v Powell [2019] NSWCATOD 24 Council of the Law Society of New South Wales v Webb [2013] NSWCA 423 Council of the Law Society of New South Wales v Winter [2019] NSWCATOD 2 Council of the New South Wales Bar Association v Breeze [2015] NSWCATOD 152 Council of the New South Wales Bar Association v Sahade [2007] NSWCA 145 Law Society of New South Wales v Bannister (1993) 4 LPDR 24 Law Society of New South Wales v Foreman (1994) 34 NSWLR 408 Law Society of New South Wales v Thompson [2018] NSWCATOD 57 Law Society of New South Wales v Walsh [1997] NSWCA 185 Legal Professional Complaints Committee v Detata [2012] WASCA 214 Prothonotary of the Supreme Court of New South Wales v McCaffery [2004] NSWCA 470 Texts Cited: Riley's Solicitors Manual Category: Principal judgment Parties: Council of the Law Society of NSW (Applicant) Stephen Jiao (Respondent) Representation: Solicitors: Law Society of NSW (Applicant) Loyal One Solicitors (Respondent) File Number(s): 2020/00043338 Publication restriction: Nil