Weller v NSW Legal Services Commissioner [2022] NSWCATOD 67

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Weller v NSW Legal Services Commissioner [2022] NSWCATOD 67 Hearing dates: By submissions dated 23 July 2021, 21 August 2021 4 April 2022 and 8 April 2022 and on the papers. Date of orders: 24 June 2022 Decision date: 24 June 2022 Jurisdiction: Occupational Division Before: The Hon Jennifer Boland AM, Deputy President A Suthers, Principal Member L Porter, General Member Decision: 1. The decision of the Legal Services Commissioner dated 25 November 2020 in respect of Complaints 54415 and 58838 is affirmed. 2. The decision of the Legal Services Commissioner dated 25 November 2020 in respect of Complaints 52094 and 58839 is affirmed. 3. No order as to costs. Catchwords: ADMINISTRATIVE LAW – reviewability – review of disciplinary findings of Legal Services Commissioner – disciplinary decisions. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Legal Profession Act 2004 (NSW)(repealed) Legal Profession Uniform Law Application Act 2014 (NSW) Legal Profession Uniform Law (NSW) Powers of Attorney Act 2003 (NSW) Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW) Cases Cited: Council of the NSW Bar Association v Lott [2016] NSWCATOD 159 Edith White v Judith Liane Wills [2014] NSWSC 1160 Gibbons v Wright [1954] HCA 17 HLT [2014] NSWCATGD 5. Lott v Council of the New South Wales Bar Association [2017] NSWCA 145) Ryan v Dalton; Estate of Ryan [2017] NSWSC 1007 Scott v Scott [2012] NSWSC 1541 Winefield v Clarke [2008] NSWSC 882 Yousef v Legal Services Commissioner [2020] NSWCATOD 85 Texts Cited: When a Client's Capacity is in Doubt – A Practical Guide for Solicitors, Law Society of New South Wales Assessment of Older Adults with Diminished Capacity: A Handbook for Lawyers, American Bar Association Commons on Law and Ageing & American Psychological Association (2005) Guideline for Solicitors Preparing an Enduring Power of Attorney Law Society of New South Wales The Royal Commission Aged Care Quality and Safety Interim Report Category: Principal judgment Parties: Herbert Weller (Applicant) Legal Services Commissioner (Respondent) Representation: Solicitors: Applicant (self-represented) The Office of the Legal Services Commissioner (Respondent) File Number(s): 2021/00091668 2021/00101188 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act an order is made prohibiting the publication of the names of the complainant to the Legal Services Commissioner and persons involved in or named in the complaint.