Youssef v NSW Legal Services Commissioner [2020] NSWCATOD 85

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Youssef v NSW Legal Services Commissioner [2020] NSWCATOD 85 Hearing dates: On the papers Date of orders: 30 July 2020 Decision date: 30 July 2020 Jurisdiction: Occupational Division Before: Armstrong J, President S Westgarth, Deputy President M Bolt, General Member Decision: We make the following orders: (1) A hearing in relation to the application (except as to costs) is dispensed with, under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). (2) The name of the respondent is amended to the NSW Legal Services Commissioner. (3) The decision of the respondent, which found the applicant engaged in unsatisfactory professional conduct and reprimanding the applicant in respect of such conduct, is affirmed. In respect of costs, we make the following directions: (4) The respondent is to provide to the Tribunal and to the applicant detailed written submissions as to the operation of cl 23 of Sch 5 and s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) and s 303 of the Legal Profession Uniform Law (NSW), in relation to the awarding of costs in these proceedings, within 21 days from the date of these orders. (5) The applicant is to provide written submissions in reply to the Tribunal and to the respondent in relation to the awarding of costs in these proceedings, within 42 days from the date of these orders. (6) The submissions are to include submissions about whether an order dispensing with a hearing as to the awarding of costs should be made under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: PROFESSIONS AND TRADES – legal practitioner – administrative review of decision of NSW Legal Services Commissioner – failure to identify client – lodgement of caveat – unsatisfactory professional conduct – reprimand Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Legal Profession Uniform Law (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Administrative Decisions Review Regulation 2019 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Bronze Wing Ammunition v SafeWork NSW (No 2) [2016] NSWSC 988 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Bushell v Repatriation Commission (1992) 175 CLR 408; [1992] HCA 47 Council of the Law Society of NSW v Gallego (No 2) [2017] NSWCATOD 61 Council of the Law Society of NSW v Yang (No 2) [2017] NSWCATOD 111 Donaghy v The Council of the Law Society of New South Wales [2013] NSWCA 154 Drake v Minister of Immigration and Ethnic Affairs (1979) 2 ALD 60; [1979] FCA 39 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389; [2003] HCA 26 Guirgis v JEA Developments Pty Limited [2019] NSWSC 164 Hawkins v Council of the NSW Bar Association [2019] NSWCATOD 148 Kyriackou v Law Institute of Victoria (2014) 45 VR 540; [2014] VSCA 322 Law Society of NSW v Moulton (1981) 2 NSWLR 736 Law Society of New South Wales v Walsh [1997] NSWCA 185 Law Society of New South Wales v Youssef [2018] NSWCATOD 187 McDonald v Director-General of Social Security (1984) 1 FCR 354; [1984] FCA 57 Meacham v Commissioner of Police [2020] NSWCATAP 107 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24; [1986] HCA 40 Minister for Immigration and Ethnic Affairs v Pochi (1980) 44 FLR 41; [1980] FCA 85 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 (2006) 231 CLR 1; [2006] HCA 53 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 CLR 445; [1992] HCA 66 Shi v Migration Agents Registration Authority (2008) 235 CLR 286; [2008] HCA 31 Sullivan v Civil Aviation Authority (2014) 22 FCR 555; [2014] FCAFC 93 The Council of the Law Society of NSW v Autore [2020] NSWCATAD 79 Texts Cited: Aronson, Dyer & Weeks, Judicial Review of Administrative Action and Government Liability (6th ed, 2017) Category: Principal judgment Parties: Mouna Youssef (Applicant) NSW Legal Services Commissioner (Respondent) Representation: Solicitors: Applicant (Self-represented) Office of the Legal Services Commissioner (Respondent) File Number(s): 2019/00359753 Publication restriction: Nil