Council of the Law Society of New South Wales v Fisher (No 2) [2021] NSWCATOD 135

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Fisher (No 2) [2021] NSWCATOD 135 Hearing dates: On the papers Date of orders: 01 September 2021 Decision date: 01 September 2021 Jurisdiction: Occupational Division Before: Armstrong J, President S Westgarth, Deputy President E Hayes, General Member Decision: (1) A hearing in relation to appropriate disciplinary orders and costs is dispensed with, under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). (2) The Respondent is reprimanded. (3) The Respondent is to pay the Applicant's costs of the proceedings as agreed or assessed, excluding the Applicant's costs of and incidental to the hearing on 23 April 2021 concerning the Tribunal's jurisdiction under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: OCCUPATIONS – legal practitioners – misconduct and discipline – professional misconduct – disciplinary order – reprimand COSTS – administrative tribunals – legal practitioner disciplinary proceedings – cl 23 of Sch 5 to Civil and Administrative Tribunal Act 2013 (NSW) – s 303 of Legal Profession Uniform Law (NSW) - whether exceptional circumstances – financial, medical or other personal circumstances - out of the ordinary, complex or novel points of law – where jurisdictional question raised by Tribunal raised and no party successful Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Legal Profession Uniform Law (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Legal Profession Act 2004 (NSW) (repealed) Cases Cited: Carr v Council of the Law Society of New South Wales [2020] NSWCA 276 Council of the Law Society of New South Wales v Fisher [2021] NSWCATOD 73 Council of the Law Society of New South Wales v Gallego (No 2) [2015] NSWCATOD 10 Council of the Law Society of New South Wales v Ginges [2016] NSWCATOD 7 Council of the Law Society of NSW v Greenstein [2015] NSWCATOD 122 Council of the Law Society of New South Wales v Haseldine (No 2) [2018] NSWCATOD 41 Council of the Law Society of New South Wales v Hinde [2011] NSWADT 20 Council of the Law Society of NSW v Jiao [2020] NSWCATOD 63 Council of the Law Society of New South Wales v Lewis [2019] NSWCATOD 100 Council of the Law Society of NSW v Powell [2019] NSWCATOD 24 Council of the Law Society of New South Wales v Webb (No 2) [2012] NSWADT 233 Council of the New South Wales Bar Association v BRJ (No 2) [2015] NSWCATOD 140 Council of the New South Wales Bar Association v Miller (No 2) [2012] NSWADT 129 Ex parte Macaulay (1930) 30 SR (NSW) 193 Gautam v Health Care Complaints Commission [2021] NSWCA 85 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Law Society of New South Wales v Foreman (1994) 34 NSWLR 408 Law Society of NSW v Markovski [2009] NSWADT 92 Law Society of New South Wales v Thompson [2018] NSWCATOD 57 Law Society of New South Wales v Walsh [1997] NSWCA 185 New South Wales Bar Association v Meakes [2006] NSWCA 340 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Catherine Bridget Fisher (Respondent) Representation: Counsel: P Maddigan (Applicant)