Manfredini & McCrae v NSW Architects Registration Board [2021] NSWCATOD 116

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Manfredini & McCrae v NSW Architects Registration Board [2021] NSWCATOD 116 Hearing dates: 30 April, 31 July, 24 September 2020; submissions closed 1 December 2020 Date of orders: 16 August 2021 Decision date: 16 August 2021 Jurisdiction: Occupational Division Before: L Pearson, Principal Member P O'Carrigan, Senior Member M von Kolpakow, Senior Member Decision: (1) The decision under review is set aside and the following decision is made in substitution for that decision: (a) Luisa Manfredini is guilty of unsatisfactory professional conduct; (b) Pursuant to s 43(4)(a) of the Architects Act 2003, Luisa Manfredini is reprimanded; (c) Pursuant to s 43(4)(g) of the Architects Act 2003, Luisa Manfredini is ordered to pay a fine of $550; (d) David McCrae is guilty of unsatisfactory professional conduct; (e) Pursuant to 43(4)(a) of the Architects Act 2003, David McCrae is reprimanded; (f) Pursuant to s 43(4)(g) of the Architects Act 2003, David McCrae is ordered to pay a fine of $550. (2) Within 30 days of the publication of these orders, the funds held in trust by the solicitors for the architects are to be paid as follows: (a) NOT FOR PUBLICATION (b) NOT FOR PUBLICATION Catchwords: OCCUPATIONS – architects – complaint – disciplinary determination – reprimand – fine – order for refund - application for review – whether conduct breach of code of conduct – whether unsatisfactory professional conduct – appropriate disciplinary orders Legislation Cited: Administrative Decisions Review Act 1997 Architects Act 2003 Architects Regulation 2012 Architects Regulation 2017 Building and Construction Industry Security of Payment Act 1999 Civil and Administrative Tribunal Act 2013 Cases Cited: Dascalu v NSW Architects Registration Board [2012] NSWADT 213 Doyle v Registrar, NSW Architects Registration Board [2006] NSWADT 154 Hirst v New South Wales Architects Registration Board [2008] NSWADT 12 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 ALR 449 Psychologists Registration Board of Australia v Coleman (Review and Regulation) [2013] VCAT 738 Texts Cited: NSW Architects Code of Professional Conduct Category: Principal judgment Parties: Luisa Manfredini and David McCrae (Applicants) NSW Architects Registration Board (Respondent) Representation: Counsel: M Baroni (Applicants) K Curry (Respondent) Solicitors: Barry Nilsson Lawyers (Applicants) Meridian Lawyers (Respondent) File Number(s): 2019/00183327 Publication restriction: Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013, publication of bank account details in the Tribunal orders is prohibited.