Council of the Law Society of New South Wales v Fisher [2021] NSWCATOD 73

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Fisher [2021] NSWCATOD 73 Hearing dates: 24 May 2021 Date of orders: 31 May 2021 Decision date: 31 May 2021 Jurisdiction: Occupational Division Before: Armstrong J, President S Westgarth, Deputy President E Hayes, General Member Decision: The Tribunal finds the Respondent guilty of professional misconduct. The Tribunal makes the following directions in relation to the next stage of these proceedings involving the making of disciplinary orders, together with the awarding of costs: (1) The Applicant is to provide to the Tribunal, and to the Respondent, any further evidence on which it intends to rely, and any further submissions, within 14 days of the publication of this decision. (2) The Respondent is to provide to the Tribunal, and to the Applicant, any further evidence on which she intends to rely, and any further submissions, within a further 14 day period. (3) The Applicant is to provide to the Tribunal, and to the Respondent, any material in reply, within a further 7 day period. (4) The Parties are to include in their submissions their views as to whether the issues for determination in relation to the making of disciplinary orders and the awarding of costs can be adequately determined on the basis of the written material lodged with the Tribunal, in the absence of the parties and without a hearing, under s 50 of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: OCCUPATIONS – legal practitioners – qualifications and admission – requirements – disciplinary proceedings – failure to comply with solicitor's undertaking to Law Society – practice management course not completed – whether there was breach of condition on practising certificate – whether the undertaking was impossible to perform – professional misconduct Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Regulation 2014 (NSW) Evidence Act 1995 (NSW) Health Practitioner Regulation National Law (NSW) Legal Profession Uniform Law (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Legal Profession Uniform Law Application Act 2014 (Vic) Legal Profession Uniform General Rules 2015 (NSW) Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 Administrative Decisions Tribunal Act 1997 (NSW) (repealed) Legal Profession Act 2004 (NSW) (repealed) Cases Cited: Bechara v Legal Services Commission [2010] NSWCA 369 Briginshaw v Briginshaw (1938) 60 CLR 336 Carr v Council of the Law Society of New South Wales [2020] NSWCA 276 Council of the NSW Bar Association v Nagle (No 3) [2019] NSWCATOD 26 Council of the New South Wales Bar Association v Sahade [2007] NSWCA 145 Council of the Law Society of NSW v Arraj [2014] NSWCATOD 117 Council of the Law Society of New South Wales v Braham [2015] NSWCATOD 97 Council of the Law Society of New South Wales v Bunton [2020] NSWCATOD 67 Council of the Law Society of New South Wales v Dlakic [2018] NSWCATOD 155 Council of the Law Society of NSW v Hunter [2021] NSWCATOD 22 Council of the Law Society of NSW v Kim [2012] NSWADT 45 Council of the Law Society of New South Wales v Konstantinidis [2019] NSWCATOD 104 Council of the Law Society of New South Wales v Konstantinidis (No 3) [2020] NSWCATOD 91 Council of the Law Society of New South Wales v Lewis [2019] NSWCATOD 100 Council of the Law Society of NSW v Marando [2018] NSWCATOD 194 Council of the Law Society of New South Wales v Morgan [2015] NSWCATOD 71 Council of the Law Society of New South Wales v Panopoulos [2010] NSWADT 208 Council of the Law Society of New South Wales v Parente [2019] NSWCA 33 Council of the Law Society of NSW v Powell [2019] NSWCATOD 24 Council of the Law Society of NSW v Sandroussi [2012] NSWADT 40 Council of the Law Society of New South Wales v Thornton [2020] NSWCATOD 103 Ghosh v Health Care Complaints Commission [2020] NSWCA 353 Hawkins v Gaden (1925) 37 CLR 183 Law Society of New South Wales v Foreman (1994) 34 NSWLR 408 Law Society of NSW v Moulton (1981) 2 NSWLR 736 Law Society of NSW v Pitsikas [2006] NSWADT 102 Law Society of New South Wales v Thompson [2018] NSWCATOD 57 Law Society of New South Wales v Waterhouse [2002] NSWADT 204 Legal Profession Complaints Committee v Detata [2012] WASCA 214 Legal Services Commissioner v DRA [2018] NSWCATOD 107 Medical Council of New South Wales v Lee [2017] NSWCA 282 Myles v Holiday Retreats Australia Pty Ltd t/as Rivergum Holiday Park (No 2) [2018] NSWCATCD 78 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; (1992) 110 ALR 449 New South Wales Bar Association v Meakes [2006] NSWCA 340 Simsek v MacPhee [1982] 148 CLR 636 Tangsilsat v Council of the Law Society of New South Wales [2019] NSWCA 144 Udall v Capri Lighting Ltd (in liq) [1988] QB 907 Ung v Golden Century Property Investments Pty Ltd [2018] NSWCATAD 56 Texts Cited: Nil Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Catherine Bridget Fisher (Respondent) Representation: Counsel: P Maddigan (Applicant) (for interlocutory hearing on 23 April 2021 only)