Council of the Law Society of NSW v Low [2020] NSWCATOD 142

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Low [2020] NSWCATOD 142 Hearing dates: On the papers Date of orders: 07 December 2020 Decision date: 07 December 2020 Jurisdiction: Occupational Division Before: J Wakefield, Senior Member G Ulman, Senior Member B Thomson, General Member Decision: The Tribunal, having found that Chee Kiong Low is guilty of professional misconduct, orders that: 1. The Respondent solicitor is publicly reprimanded. 2. The Respondent solicitor must: (a) Undertake, complete and pass, at his own expense, within 6 months of the date of the orders or within such further time as may be agreed by the Director, Professional Standards of the Law Society of NSW (Director) an appropriate course in legal ethics as approved by the Director (ethics course) and therein achieve a pass mark of not less than 50%; (b) Undertake, complete and pass, at his own expense, within 6 months of the date of the orders or within such further time as may be agreed by the Director, an appropriate course in trust and office accounting as approved by the Director (trust course) and therein achieve a pass mark of not less than 50%; and (c) Within seven (7) days of receipt of notification of the result of his participation in the ethics course and the trust course, provide to the Director, the original of such notifications. 3. The Respondent solicitor is to pay a fine of $3,000 within three calendar months of the date of these orders. 4. The Respondent solicitor is to pay the Applicant's costs of and incidental to the proceedings as agreed in the sum of $5,000. Catchwords: PROFESSIONS AND TRADES- Legal Practitioner - application for disciplinary findings and orders – application to recommence proceedings – professional misconduct – borrowing from client in breach of Rule 12.3.1 of the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW) – instrument of consent - public reprimand - fine Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Justice Legislation Amendment Act (No 2) 2019 (NSW) Legal Profession Act 2004 (NSW) Legal Profession Uniform Law 2014 (NSW) No 16a Legal Profession Uniform Law Application Act 2014 (NSW) Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW) Cases Cited: Allinson v General Council of Medical Education & Registration [1894] 1 QB 750 Bechara v Legal Services Commissioner (2010) 79 NSWLR 763; [2010] NSWCA 369 Briginshaw v Briginshaw & Anor [1938] 60 CLR 336 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Council of Law Society of New South Wales v Renfrew [2019] NSWCATOD 63 Council of New South Wales Bar Association v Breeze [2015] NSWCATOD 152 Council of the Law Society of New South Wales v Low [2019] NSWCATOD 154 Council of the Law Society of NSW v Laftsidis [2010] NSWADT 317 Council of the Law Society of NSW v Lyons [2012] NSWADT 166 Council of the Law Society of NSW v Mavrakis [2010] NSWADT 103 Council of the Law Society of NSW v Stormer [2010] NSWADT 240 Council of the Law Society of NSW v White [2011] NSWADT 11 Council of the New South Wales Bar Association v Butland [2009] NSWADT 177 Council of the NSW Law Society v McEncroe [2015] NSWCATOD 109 Council of the NSW Law Society v Vaughan [2015] NSWCATOD 156 Dona v The Council of the Law Society of NSW [2014] NSWCA 444 Kennedy v Council of the Incorporated Law Institute of New South Wales (1939) 13 ALJR 563 Law Society of New South Wales v Walsh [1997] NSWCA 185 Law Society of NSW v Barwick and Deshnicz [2002] NSWADT 66 Law Society of NSW v Harvey [1996] 2 NSWLR 154 Law Society of NSW v Moulton [1981] 2 NSWLR 736 Legal Services Commissioner v Searle [2016] NSWCATOD 23 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd & Ors (1992) ALR 449 Texts Cited: Nil Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Chee Kiong Low (Respondent) Representation: Solicitors: Law Society of New South Wales (Applicant) Respondent (Self-represented) File Number(s): 2020/00028208; 2018/00363802 Publication restriction: Nil