Council of the NSW Bar Association v Thorpe [2020] NSWCATOD 133

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the NSW Bar Association v Thorpe [2020] NSWCATOD 133 Hearing dates: 4 August 2020 Date of orders: 24 November 2020 Decision date: 24 November 2020 Jurisdiction: Occupational Division Before: Cole, DCJ, Deputy President A P Coleman SC, Senior Member M Bolt, General Member Decision: (1) With respect to the professional misconduct found in respect of Grounds 1, 2, 4 and 5 of the application made on 6 April 2020 in this matter, Terrance William Thorpe is reprimanded in accordance with section 300 of the Legal Profession Uniform Law (NSW). (2) Leave is given to the Council to withdraw Ground 3 of the application made on 6 April 2020, and the withdrawal of Ground 3 is noted. (3) The respondent is to pay the applicant's costs as agreed or assessed. (4) Under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure of the names of the persons referred to in this decision as JB, A107 and DWO is prohibited. Catchwords: OCCUPATIONS — Legal practitioners — Barristers — Professional misconduct Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Director of Public Prosecutions Act 1986 (NSW) Legal Profession Uniform Law (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: A Solicitor v Council of the Law Society of New South Wales [2004] HCA 1 Council of New South Wales Bar Association v Sahade [2007] NSWCA 145 Council of the Law Society of New South Wales v Webb [2013] NSWCA 423 Council of the Law Society of NSW v DXW [2019] NSWCATOD 101 Law Society of New South Wales v Maharaj [2017] NSWCATOD 79 R v Lipton [2011] NSWCCA 247 Category: Principal judgment Parties: Council of the NSW Bar Association (applicant) Terrance William Thorpe (respondent) Representation: Counsel: M Johnston SC (applicant) P Menzies QC with B Nolan (respondent)