NSW Legal Services Commissioner v Cullen [2021] NSWCATOD 130

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NSW Legal Services Commissioner v Cullen [2021] NSWCATOD 130 Hearing dates: 1 July 2021 Date of orders: 31 August 2021 Decision date: 31 August 2021 Jurisdiction: Occupational Division Before: J S Currie, Senior Member M Riordan, Senior Member E Hayes, General Member Decision: (1) The Respondent is guilty of professional misconduct. (2) The Respondent be reprimanded. (3) The Respondent is to pay a fine of $2,500. (4) The Respondent is to pay the costs of the Applicant, as agreed or taxed. (5) Should the Respondent apply for a practising certificate from either the Law Society of New South Wales or any other designated local regulatory authority (as that term is defined in the Legal Profession Uniform Law), she must draw these proceedings to the attention of the Law Society of New South Wales or the other designated local regulatory authority, as the case may be. Catchwords: PROFESSIONS AND TRADES -legal practitioner -disciplinary action- Instrument of Consent, agreed facts- false attestation- professional misconduct – appropriateness of proposed orders including fine- inappropriateness of determining quantum of fine by "averaging" fines in reported cases. PRACTICE AND PROCEDURE- matter set down for determination without a hearing ("on the papers") - where Instrument of Consent made – where hearing may nevertheless be required- public interest- adequacy of orders stated in Instrument of Consent. Legislation Cited: Civil and Administrative Tribunal Act 2013; s 50(2) Legal Profession Act 2004 (NSW) s 564 (10) Legal Profession Uniform Law (NSW); ss 6, 261, 262, 296, 297,300, 302 Legal Profession Uniform Law Application Act 2014; ss 138,144 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 New South Wales v Braham [2015] NSWCATOD 97 Council of the Law Society of New South Wales v Fisher [2021] NSWCATOD 73 Council of the Law Society of NSW v Low [2020] NSWCATOD 142 Council of the Law Society of NSW v Mahony [2017] NSWCATOD 1 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 In re a Solicitor; Ex parte the Law Society [1912] 1 KB 302. Kennedy v Council of Incorporated Law Institute of New South Wales (1939) 13 ALJ 563 Law Society of NSW v Dubler [2018] NSWCATOD 79 Law Society of NSW v English [2011] NSW ADT 39 Law Society of New South Wales v Foreman (1994) 34 NSWLR 408 Law Society of New South Wales v Walsh [1997] NSWCA 185 Legal Services Commissioner v Livers [2017] NSWCATOD 117 Legal Services Commissioner v Maddock [2021] NSWCATOD 46 New South Wales Bar Association v Butland [2009] NSWADT 177 Prothonotary of the Supreme Court of NSW v Chapman (Unreported, Court of Appeal NSW, 14 December 1992) The Prothonotary of the Supreme Court of NSW v Demetrios [2015] NSWCA 258 Texts Cited: Nil Category: Principal judgment Parties: NSW Legal Services Commissioner (Applicant) Jenna Cullen (Respondent) Representation: Counsel: S Love (Respondent)