Council of the New South Wales Bar Association v EFA [2021] NSWCATOD 21

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the New South Wales Bar Association v EFA [2021] NSWCATOD 21 Hearing dates: 10 and 11 December 2020 Date of orders: 4 March 2021 Decision date: 04 March 2021 Jurisdiction: Occupational Division Before: Cole DCJ, Deputy President P Callaghan SC, Principal Member E Hayes, General Member Decision:  EFA's conduct during the incident on 21 July 2017 which involved A and H did not amount to professional misconduct under the common law or under s 297 or s 298 of the Legal Profession Uniform Law (NSW).  EFA's conduct during the incident did amount to unsatisfactory professional conduct on account of it being a breach of r 8(a) and (c) of the Legal Profession Uniform Conduct (Barristers) Rules 2015. Directions: 1. The Council is to provide to the Tribunal, and to the respondent, a statement as to the disciplinary orders it is seeking as a consequence of the finding of unsatisfactory professional conduct, together with any evidence on which it intends to rely, and submissions, including submissions concerning whether the non-publication order should continue, on or before 12 March 2021. 2. The respondent is to provide to the Tribunal, and to the Council, evidence and submissions in response, on or before 26 March 2021. 3. The Council is to provide to the Tribunal, and to the respondent, any material in reply, on or before 9 April 2021. 4. The parties are jointly to provide to the Registrar of the Occupational Division of the Tribunal, on or before 12 March 2021, a range of dates, subsequent to 9 April 2021, for the Stage 2 hearing. Catchwords: PROFESSIONS AND TRADES - legal practitioner - disciplinary action - conduct at a function Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Legal Profession Uniform Admission Rules 2015 Legal Profession Uniform Conduct (Barristers) Rules 2015 Legal Profession Uniform Law (NSW) Cases Cited: Berger v Council of the Law Society of New South Wales [2019] NSWCA 119 Briginshaw v Briginshaw (1938) 60 CLR 336 Council of the Law Society of New South Wales v Parente [2019] NSWCA 33 Council of the New South Wales Bar Association v Costigan [2013] NSWCA 407 The Council of the New South Wales Bar Association v Sahade [2007] NSWCA 145 Category: Principal judgment Parties: Council of the New South Wales Bar Association (Applicant) EFA (Respondent) Representation: Counsel: C A Webster SC and P A Maddigan (Applicant) P Boulton SC and A Horvath (Respondent)