NSW Legal Services Commissioner v Zou [2021] NSWCATOD 139

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NSW Legal Services Commissioner v Zou [2021] NSWCATOD 139 Hearing dates: 18 August 2021 Date of orders: 7 September 2021 Decision date: 07 September 2021 Jurisdiction: Occupational Division Before: D Fairlie, Senior Member M Sindler, Senior Member P Foreman, General Member Decision: (1) The Solicitor is reprimanded. (2) The Solicitor pay a fine of $3000 to be paid within 60 days of the Tribunal's decision. (3) The Solicitor must undertake further education in the following terms: (a) the Solicitor is to undertake, complete and pass, at her own expense, within 12 months of the date of the orders made by the Tribunal (and during which the Solicitor holds a practising certificate) (the Time Period), a course in ethics that is approved by the Legal Services Commissioner in consultation with the Director, Legal Regulation of the Law Society of New South Wales (Director) and therein achieve a pass mark of not less than 65% (Pass Mark); (b) the Solicitor shall, within seven (7) days of receipt of notification of the result of her participation in the course, provide to the Legal Services Commissioner, the original of such notification and a copy to the Director; (c) should the Solicitor fail to achieve the Pass Mark in the course, she shall complete such further course (in which she may not have achieved the Pass Mark) as approved by the Legal Services Commissioner in consultation with the Director until such time as she achieves the Pass Mark in the course within the Time Period; and (d) if, at the end of the Time Period, the Solicitor has failed to achieve the Pass Mark in the course, any Practising Certificate then held by her shall be suspended until such time as she achieves the Pass Mark in the course and should she then not hold a Practising Certificate, no further Practising Certificate shall be issued to her until she achieves the Pass Mark in the course. (4) The Solicitor pay the Applicant's costs as agreed or assessed. Catchwords: OCCUPATIONS — legal practitioners — solicitor — witnessing documents — misconduct and discipline — professional misconduct — unsatisfactory professional conduct — reprimand — fine — costs order Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Legal Profession Act 2004 (NSW) (repealed) Legal Profession Uniform Law (NSW) Cases Cited: Allinson v General Council for Medical Education and Registration [1841] 1 QB 750 Bechara v Legal Services Commissioner [2010] NSWCA 369 Briginshaw v Briginshaw and Anor [1938] 60 CLR 336 Council of the Law Society of NSW v Batalha [2020] NSWCATOD 158 Council of the Law Society of NSW v Chau [2011] NSWADT 271 Council of the Law Society of New South Wales v Fisher [2021] NSWCATOD 73 Council of the Law Society of NSW v Hunter [2021] NSWCATOD 22 Council of the Law Society of NSW v Ly [2011] NSWADT 210 Council of the Law Society of NSW v Mahony [2017] NSWCATOD 1 Council of the Law Society of NSW v Martin [2012] NSWADT 22 Council of the Law Society of NSW v Orford [2016] NSWCATOD 22 Council of the Law Society of NSW v Walsh [2018] NSWCATOD 196 Council of the Law Society of New South Wales v Webb [2013] NSWCA 423 Council of the New South Wales Bar Association v Asuzu [2011] NSWADT 209 Fraser v The Law Society [1992] NSWLST 6, Kennedy v The Council of the Incorporated Law Institute of NSW (1939) 13 ALJ 563 Law Society of NSW v Dubler [2018 NSWCATOD 79 Law Society of NSW v Gathercole [2016] NSWCATOD 27 Law Society of NSW v Georgas [2008] NSWADT 82 Law Society of New South Wales v Maharaj [2017] NSWCATOD 79 Law Society of New South Wales v Walsh [1997] NSWCA 185 Legal Services Commissioner v Huggett [2017] NSWCATOD 67 Legal Services Commissioner v Wen [2016] NSWCATOD 36 The Council of the Law Society of NSW v Beverly [2008] NSWADT 251 Xu v Council of the Law Society of NSW [2009] NSWCA 430 Texts Cited: Nil Category: Principal judgment Parties: NSW Legal Services Commissioner (Applicant) Jia Hong Zou (Respondent) Representation: Solicitors: Office of the Legal Services Commissioner (Applicant) Stevens Vuaran Lawyers (Respondent) File Number(s): 2021/00011343 Publication restriction: Disclosure of the names of the former client of the Solicitor and the client's former husband is prohibited. These are anonymised in this decision