Council of the Law Society of New South Wales v Davidson [2020] NSWCATOD 71

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Davidson [2020] NSWCATOD 71 Hearing dates: 1 May 2020 Date of orders: 30 June 2020 Decision date: 30 June 2020 Jurisdiction: Occupational Division Before: S Westgarth, Deputy President N Matkovich, Senior Member B Thomson, General Member Decision: (1) The Respondent is only entitled to be issued with a practising certificate of the kind that authorises her to engage in legal practice as : a) an employee of a law practice; and/or b) a corporate lawyer working in house; and/or c) a government lawyer, and that is subject to a condition that she is not authorised to operate on a law practice trust account. (2) In respect of costs, the Tribunal determines that a hearing on costs is dispensed with and costs are to be determined on the papers. (3) The Respondent is to pay the Applicant's costs as agreed or assessed. (4) The Tribunal notes that the costs order in favour of the Applicant is made on the understanding that the Applicant will have due regard to the costs incurred by the Respondent of and incidental to the jurisdictional matters arising from the decision of Council of the Law Society of New South Wales v DXW [2019] NSWCATOD 101 for the purpose of agreeing or assessing its costs. Catchwords: PROFESSIONS AND TRADES – lawyers – professional misconduct – unsatisfactory professional misconduct – consequential orders – removal from roll – restricted practising certificate – costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Justice Legislation Amendment Act (No 2) 2019 (NSW) Legal Profession Uniform Law (NSW) Cases Cited: Barry John Penfold [1997] NSWLST 23 Council of Law Society of New South Wales v Terepo (No 2) [2019] NSWCATOD 60 Council of the Law Society of New South Wales v DXW [2019] NSWCATOD 101 Council of the Law Society of New South Wales v Nasr [2015] NSWCATOD 70 Council of the Law Society of New South Wales v Thadsanamorthy [2019] NSWCATOD 96 Council of the New South Wales Bar Association v Nagle (No 2) [2018] NSWCATOD 154 Dupal v Law Society of New South Wales [1990] NSWCA 56 Law Society of New South Wales v Doherty (No 2) [2009] NSWADT 296 Law Society of New South Wales v English [2011] NSWADT 39 Law Society of New South Wales v Foreman (No 2) (1994) 34 NSWLR 408 Law Society of New South Wales v McNamara [2007] NSWADT 162 Law Society of New South Wales v Walsh [1997] NSWCA 185 Law Society v Mattila (No 2) [2018] NSWCATOD 9 New South Wales Bar Association v Cummins (2001) F52 NSWLR 279 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant)