Council of the New South Wales Bar Association v EFA (No 2) [2021] NSWCATOD 84

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the New South Wales Bar Association v EFA (No 2) [2021] NSWCATOD 84 Hearing dates: 12 May 2021 Date of orders: 18 June 2021 Decision date: 18 June 2021 Jurisdiction: Occupational Division Before: Cole DCJ, Deputy President P Callaghan SC, Principal Member E Hayes, General Member Decision: (1) EFA is reprimanded. (2) EFA is to pay the Applicant's costs as agreed or assessed. (3) Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW), and subject to order 4: (a) the disclosure of any of the names listed in the schedule to the Application filed on 3 December 2019 in this matter is prohibited. (b) the disclosure of the documents and evidence filed in these proceedings is restricted to the parties, the parties' legal advisors and the Respondent's insurer, insurance broker and medical advisors. (c) the Respondent is to continue to be referred to, in relation to these proceedings, as EFA. (d) the publication of the identity of the Respondent as a party to these proceedings and of any information tending to reveal his identity is prohibited except to the extent that such disclosure is required for purposes in connection with the Respondent's professional indemnity insurance arrangements or for medical reasons. (4) Orders (3)(a), (c) and (d) do not apply to the Applicant, or any member of the Applicant, or the New South Wales Bar Association, or any of their officers or employees for the purpose only of disclosing: (a) the Respondent's name; (b) the decisions, reasons for decisions and orders of the Tribunal in these proceedings; (c) documents and evidence filed with the Tribunal in these proceedings; and (d) information about the proceedings, decisions, documents and evidence referred to in 4(b) and 4(c) above to any persons, bodies or entities listed in Schedule A (230686, pdf), in connection with the Bar Council's exercise of its functions under the Legal Profession Uniform Law (NSW), the Legal Profession Uniform Law Application Act 2014 (NSW) (as amended or substituted from time to time) (together, the Legal Profession legislation) and all regulations and rules made under or in connection with those Acts (as amended or substituted) including for the purpose of enforcing any costs order made by the Tribunal in these proceedings, assessing those costs, and enforcing any judgment of a court that arises from the filing of a cost assessor's certificate and any judgment on appeal from a determination of a review panel. (5) For abundant clarity, any persons, bodies or entities listed in Schedule A (230686, pdf) receiving any information provided by the Bar Council or the Association in accordance with 4 above, receive that information subject to the orders in 3 above. Catchwords: OCCUPATIONS — Legal practitioners — Barristers — Unsatisfactory professional conduct – disciplinary orders Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Legal Profession Uniform Law (NSW) Legal Profession Uniform Law Application Act 2014 Cases Cited: Council of the New South Wales Bar Association v EFA [2021] NSWCATOD 21 Council of the New South Wales Bar Association v Levick (No 2) [2018] NSWCATOD 108 Kostov v Ecclesia Housing Limited (No 3) [2018] NSWCATAP 221 Law Society of New South Wales v Walsh [1997] NSWCA 185 Prothonotary of the Supreme Court of New South Wales v Chapman [1992] NSWCA 292 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)