Council of the Law Society of New South Wales v DRE [2021] NSWCATOD 4

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v DRE [2021] NSWCATOD 4 Hearing dates: 6 October 2020 Date of orders: 19 January 2021 Decision date: 19 January 2021 Jurisdiction: Occupational Division Before: Cole DCJ, Deputy President M Schyvens, Deputy President Emeritus Professor P J Foreman AM, General Member Decision: (1) The respondent is reprimanded. (2) The following conditions are to be imposed upon any practising certificate issued to the respondent after the date of these orders, and these conditions must remain for a period of 12 months from the date of issue of the first such practising certificate: (a) [DRE] is restricted to practising the law only as an employee of a law practice, corporation or government authority, or as a volunteer at a community legal service; (b) [DRE] is to be subject to the supervision of a solicitor with an unrestricted practising certificate, and such supervisor is to report to the Council of the Law Society of New South Wales at four month intervals during the currency of this practising certificate. (c) [DRE] must not supervise any other legal practitioner. (3) The respondent is to pay the applicant's costs as agreed or assessed. (4) The disclosure of the name of any person or law practice referred to in the Application for Disciplinary Findings and Orders filed on 24 February 2020, or any material fact or information that could identify those persons or law practices, is prohibited. (5) Access to and disclosure of documents and evidence filed in the Tribunal in relation to this matter is restricted to the Office of the Legal Services Commissioner, the parties and their respective legal representatives. Catchwords: PROFESSIONS AND TRADES – lawyers - professional misconduct – whether fit and proper person – appropriate order Legislation Cited: Legal Profession Uniform Law (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: A Solicitor v Law Society of New South Wales (2004) 216 CLR 253 Council of the Law Society of New South Wales v DRE [2019] NSWCATOD 147 Council of the Law Society of New South Wales v DXW [2019] NSWCATOD 101 Council of the Law Society of New South Wales v Jafari [2020] NSWCA 53 Council of the Law Society of New South Wales v Parente [2019] NSWCA 33 Dupal v Law Society of NSW [1990] NSWCA 56 Law Society of New South Wales v Walsh Category: Principal judgment Parties: Council of the Law Society of New South Wales (applicant) DRE (respondent) Representation: Counsel: P Maddigan (applicant) R Hollo SC (respondent)