Council of the Law Society of New South Wales v DRM [2021] NSWCATOD 105

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v DRM [2021] NSWCATOD 105 Hearing dates: On the papers Date of orders: 30 July 2021 Decision date: 30 July 2021 Jurisdiction: Occupational Division Before: The Hon J Boland AM, Deputy President Decision: (1) Pursuant to s 147(2) of the Legal Profession Uniform Law Application Act 2014 (NSW) leave is granted to the applicant to withdraw the Application for Disciplinary Findings and Orders filed 10 February 2020. (2) Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) the name of the respondent is to be anonymised in any published decision. (3) Pursuant to s 64(1)(c) and (d) of the Civil and Administrative Tribunal Act an order is made restricting publication of the evidence of witnesses and other material which may identify the respondent. (4) Notwithstanding Orders 2 and 3: (a) the applicant, the Law Society of New South Wales, and any of their officers or employees, may provide a copy of the orders made and any documents and evidence filed in these proceedings, the reasons for decision, and related information to the following, in connection with the applicant's exercise of its functions under the Legal Profession Uniform Law (NSW), the Legal Profession Uniform Law Application Act 2014 (NSW) (together, the Legal Profession legislation) and the regulations and rules made under those Acts, as in force from time to time: (i) a designated tribunal as defined in the Legal Profession legislation or its equivalent under a corresponding law; (ii) the designated local roll authority as defined in the Legal Profession legislation or its equivalent under a corresponding law; (iii) the Legal Services Council and any member, committee or delegate of the Council; (iv) the Commissioner for Uniform Legal Services Regulation and any delegate of the Commissioner; (v) a local regulatory authority within the meaning of the Legal Profession legislation or its equivalent under a corresponding law, and any member, committee or delegate of any such authority; (vi) a member of staff of, or person acting at the direction of, any of the persons or entities referred to in (i)-(v); (vii) any Australian or foreign authorities or courts as referred to in ss 436 and 437 of the Legal Profession Uniform Law (NSW); (viii) any Australian government authorities, professional associations or educational bodies as referred to in s 441 of the Legal Profession Uniform Law (NSW); and (ix) any person, body or entity to the extent that disclosure is permitted by s 462(2) and (3) of the Legal Profession Uniform Law (NSW); (b) the applicant, the Law Society of New South Wales, the Legal Services Commissioner, and any of their officers or employees, may disclose to any person or entity, as they consider appropriate: (i) the terms of the undertaking given by the respondent to the applicant and the President of the Law Society of New South Wales, dated 22 February 2021; and (ii) that the applicant sought leave to withdraw these proceedings because of the undertaking provided. Catchwords: OCCUPATIONS — legal practitioners — misconduct and discipline — disciplinary proceedings — application for withdrawal of proceedings — whether in public interest for proceedings to be withdrawn 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) Cases Cited: Council of the Law Society of New South Wales v DWO [2020] NSWCATOD 123 Council of the Law Society of New South Wales v Konstantinidis (No 4) [2021] NSWCATOD 94 Council of the Law Society of NSW v DXW [2019] NSWCATOD 101 Council of the NSW Bar Association v Thorpe [2020] NSWCATOD 133 Health Care Complaints Commission v Grygiel (Termination Application) [2020] NSWCATOD 53 Health Care Complaints Commission v XC [2015] NSWCATOD 9 Kirby v Health Care Complaints Commission [2021] NSWCA 139 Texts Cited: American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders (5th ed, 2013, American Psychiatric Association Publishing) Category: Procedural rulings Parties: Council of the Law Society of New South Wales (Applicant) DRM (Respondent) Representation: Counsel: P A Maddigan (Applicant)