Legal Services Commissioner v Maddock [2021] NSWCATOD 46

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Legal Services Commissioner v Maddock [2021] NSWCATOD 46 Hearing dates: On the papers (hearing dispensed with pursuant to s 144 of the Legal Profession Uniform Law Application Act 2014 (NSW)) Date of orders: 21 April 2021 Decision date: 21 April 2021 Jurisdiction: Occupational Division Before: M Sindler, Senior Member P Moran, Senior Member L Porter, General Member Decision: Consequent on the finding of professional misconduct, the Tribunal orders that: (1) the Respondent is publicly reprimanded; (2) the Respondent is to pay a fine of $2,500 within 60 days of the date of this decision; (3) should the Respondent apply for a practising certificate from either the Law Society of New South Wales or the New South Wales Bar Association (or equivalent interstate regulatory authority), she must draw these proceedings to the attention of the relevant authority from which a practising certificate is sought; and (4) the Respondent is to pay the Applicant's costs agreed in the sum of $4,500 by monthly instalments of $200 per month; the first payment to be made within 60 days of the date of this decision and all subsequent payments to be made on or before the first day of each month thereafter until the full amount has been paid. Catchwords: OCCUPATIONS — legal practitioners — misconduct and discipline — professional misconduct — signing enduring power of attorney as witness — non-compliance with Powers of Attorney Act 2003 (NSW) — instrument of consent — reprimand — fine — costs order Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Legal Profession Act 2004 (NSW) (repealed) Legal Profession Uniform Law Application Act 2014 (NSW) Legal Profession Uniform Law (NSW) Powers of Attorney Act 2003 (NSW) Cases Cited: Allinson v General Council of Medical Education and Registration [1894] 1 QB 750 Bechara v Legal Services Commissioner (2010) 79 NSWLR 763; [2010] NSWCA 369 Council of the Law Society of NSW v Chau [2011] NSWADT 271 Council of the Law Society of NSW v Low [2020] NSWCATOD 142 Council of the Law Society of NSW v Ly [2011] NSWADT 210 Council of the Law Society of NSW v Walsh [2018] NSWCATOD 196 Council of the New South Wales Bar Association v Breeze [2015] NSWCATOD 152 Council of the New South Wales Bar Association v Butland [2009] NSWADT 177 Council of the New South Wales Bar Association v Hanrahan [2018] NSWCATOD 44 Fraser v The Council of the Law Society of New South Wales [1992] NSWCA 72 Kennedy v The Council of the Incorporated Law Institute of New South Wales (1939) 13 ALJR 563 Law Society of New South Wales v Maharaj [2017] NSWCATOD 79 Law Society of New South Wales v Walsh [1997] NSWCA 185 Law Society of NSW v Martin [2010] NSWADT 245 Legal Services Commissioner v Huggett [2017] NSWCATOD 67 Legal Services Commissioner v Searle [2016] NSWCATOD 23 The Council of the Law Society of NSW v Beverly [2008] NSWADT 251 The Law Society of New South Wales v Gathercole [2016] NSWCATOD 27 Texts Cited: Nil Category: Principal judgment Parties: Legal Services Commissioner (Applicant) Dora Marie Maddock (Respondent) Representation: Solicitors: Office of the Legal Services Commissioner (Applicant) Pikes & Verekers Lawyers (Respondent) File Number(s): 2020/00302813 Publication restriction: Nil