Caruana v Dental Council of NSW [2021] NSWCATOD 179

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Caruana v Dental Council of NSW [2021] NSWCATOD 179 Hearing dates: 5 November 2021 Date of orders: 5 November 2021 Decision date: 08 November 2021 Jurisdiction: Occupational Division Before: The Hon F Marks Principal Member Decision: Serene Teffaha is not permitted to continue to represent the Appellant in these proceedings. Catchwords: PRACTICE AND PROCEDURE – appellant represented by a person calling herself a "paid agent" – representative formerly a solicitor whose registration in Victoria was cancelled – held representative is engaged in legal practice in Victoria prima facie in breach of section 10 of the Victorian Legal Profession Uniform Law – held inappropriate to allow that person to continue to represent the appellant. Legislation Cited: Health Practitioner Regulation National Law (NSW) s 165J(2) Legal Profession Uniform Law Application Act 2014 (Vic). Sch 1, ss 4,6,10 Legal Profession Uniform Law (NSW) No 16a of 2014 Civil and Administrative Tribunal Act 2013 ss 29,36,45 Civil and Administrative Tribunal Rules 2014 rr 31,32 Cases Cited: Teffaha v Victorian Legal Services Board (Legal Practice) [2021] VCAT 590 The Council of The New South Wales Bar Association v Davison [2006] NSWSC 65 Texts Cited: Nil Category: Procedural rulings Parties: Dr Richard Charles Caruana (Appellant) Dental Council of NSW (Respondent) Representation: Solicitors: S Teffaha (Agent) (Appellant) Dental Council of NSW (Respondent) File Number(s): 2021/00217990 Publication restriction: Nil