Council of the New South Wales Bar Association v de Robillard [2021] NSWCATOD 207

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the New South Wales Bar Association v de Robillard [2021] NSWCATOD 207 Hearing dates: 13 - 15 September 2021 Date of orders: 10 December 2021 Decision date: 10 December 2021 Jurisdiction: Occupational Division Before: The Hon Le Poer Trench ADCJ, Principal Member H Dixon SC, Senior Member L Porter, General Member Decision: (1) The Tribunal finds the respondent guilty of unsatisfactory professional conduct and professional misconduct. (2) The matter is stood over for further hearing to a date to be fixed by the Registrar by arrangement with the parties. (3) The Applicant Council is to file and serve any further documents it seeks to rely upon for the further hearing of this matter, by the close of business on 28 January 2022. The respondent is to file and serve any further documents he seeks to rely upon, for the further hearing, by the close of business on 28 February 2022. Each of the parties is to file five copies of each document. (4) Further directions in relation to the filing of evidence and submissions are to be made in consultation with the parties, at the time the matter is set down for further hearing. Catchwords: OCCUPATIONS – legal practitioners – barrister – professional misconduct – unsatisfactory professional conduct Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Corporations Act 2001 (Cth) Evidence Act 1995 (NSW) Legal Profession Uniform Conduct (Barristers) Rules 2015 (NSW) Legal Profession Uniform General Rules 2015 (NSW) Legal Profession Uniform Law (NSW) Legal Profession Uniform Law Application Regulation 2015 (NSW) Cases Cited: Bell Lawyers Pty Limited v Pentelow (2019) 269 CLR 333; [2019] HCA 29 Briginshaw v Briginshaw (1938) 60 CLR 336 Broome v Great Lakes Council [2014] NSWCATAD 154 Browne v Dunn (1893) 6 R 67 Chamberlain v Ormsby (t/as Ormsby Flower) [2005] NSWCA 454 Edward Moses Obeid Snr v David Andrew Ipp [2016] NSWSC 1376 Fowler & Ors v Toro Constructions Pty Limited [2008] NSWCA 178 George v Rockett (1990) 170 CLR 104; [1990] HCA 26 Giannarelli v Wraith (1988) 165 CLR 543; [1988] HCA 52 Legal Profession Board of Tasmania v Kitto (2019) 31 Tas R 91; [2019] TASSC 39 Legal Services Commissioner v Merkin [2019] QCAT 272 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; (1992) 67 ALJR 170 R v Birks (1990) 19 NSWLR 677 Rockcote Enterprises Pty Ltd v FS Architects Pty Ltd [2008] NSWCA 39 Ryan D'Orta-Ekenaike v Victoria Legal Aid & Anor (2005) 223 CLR 1; [2005] HCA 12 Stanoevski v The Council of the Law Society of New South Wales [2008] NSWCA 93 Category: Principal judgment Parties: Council of the New South Wales Bar Association (Applicant) Christian Roger de Robillard (Respondent) Representation: Counsel: K Morgan SC (Applicant) A Poukchanski (Applicant) M Robinson SC (Respondent)