Council of the Law Society of NSW v Alkhair [2022] NSWCATOD 111

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Alkhair [2022] NSWCATOD 111 Hearing dates: 22 February 2021 Date of orders: 5 October 2022 Decision date: 05 October 2022 Jurisdiction: Occupational Division Before: J Wakefield, Senior Member J Pheils, Senior Member P Foreman, General Member Decision: The Tribunal having found that Mr Alkhair is guilty of professional misconduct, orders that: (1) The Respondent is publicly reprimanded. (2) The Respondent to pay a fine of $4,000. (3) The Respondent must undertake further education in accordance with the following terms: (a) The Respondent must undertake, at his own expense, within six months from the date of the orders of the Tribunal (Time Period), an appropriate legal ethics course (the Course) as approved by the Director, Legal Regulation of the Law Society of NSW (the Director) and achieve a pass mark of not less than 50% (Pass Mark). (b) The Respondent shall, within seven (7) days of receipt of notification of the result of his participation in the Course, provide to the Director, the original of such notification. (c) Should the Respondent fail to achieve the Pass Mark in the Course, he should complete such further course (in which he may not have achieved the Pass Mark) as approved by the Director until such time as he achieves the Pass Mark in the Course within the Time Period. (d) Should the Respondent fail to achieve the Pass Mark in the Course within the Time Period, his Practising Certificate shall be suspended or if not then holding a Current Practising Certificate, no further Practising Certificate is to be issued to him until such time as he achieves the Pass Mark in the Course. (4) The Respondent is to pay the costs of the Applicant as agreed or assessed. (5) Grant leave to the Complainant to approach the Registry within 14 days to list her claim for compensation for directions on a date to be fixed. Catchwords: PROFESSIONS AND TRADES - Legal Practitioner - application for disciplinary findings - Legal Profession Uniform Law Australian Conduct Rules 2015 R 9 – Breach of Confidentiality – professional misconduct at common law and under Legal Professional Uniform Law (NSW) No 16a, s 297(1)(a) - nature of appropriate orders, quantum of fine considered. Legislation Cited: Civil and Administrative Tribunal Act 2003 (NSW) Evidence Act 1995 (NSW) Legal Profession Act 2004 Legal Profession Uniform Law 2014 (NSW) Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 Cases Cited: A Solicitor v Council of the Law Society of New South Wales (2004) 216 CLR 253; [2004] HCA 1 Allinson v General Council of Medical Education and Registration [1894] 1QB 750 Amalgamated Television Services Pty Limited v Marsden [2002] NSWCA 419 Australian Securities and Investments Commission v Elm Financial Services Pty Limited (2005) 55 ACSR 411; [2005] NSWSC 1020 Babcock & Brown DIF III Global v Babcock & Brown International Pty Limited [2015] VSC 433 Bechara v Legal Services Commissioner of New South Wales [2010] 79 NSWLR 763 Briginshaw v Briginshaw & Anor [1938] 60 CLR 336 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Council of the New South Wales Bar Association v EFA (a pseudonym) [2021] NSWCA 339 Council of Law Society of NSW v Hunter [2021] NSWCATOD 22 Council of the Law Society of NSW v Kimm [2012] NSWATD 45 Council of the Law Society of NSW v Low [2020] NSWCATOD 142 Council of the Law Society of New South Wales v Renfrew [2019] NSWCATOD 63 Council of the Law Society of NSW v Spinak [2017] NSWCATOD 184 Council of the NSW Law Society v Vaughan [2015] NSWCATOD 156 Council of the Law Society of NSW v Weller [2017] NSWCATOD 38 Council of the NSW Bar Association v Breeze [2015] NSWCATOD 152 Council of the NSW Bar Association v Butland [2009] NSWADT 177 El-Cheikh v Miraki [2017] NSWSC 1765 El-Cheikh v Miraki [2020] NSWSC 1781 Green v AMP Life [2005] NSWSC 95 Kennedy v Council of Incorporated Law Institute of New South Wales (1939) 13 ALJR 563 Law Society of New South Wales v Foreman (1994) 34 NSWLR 408 Law Society of NSW v Moulton (1981) 2 NSWLR 736 Law Society of New South Wales v Shad [2002] NSWADT 236 Law Society of New South Wales v Walsh [1997] NSWCA 185 Law Society of NSW v Webb [2018] NSWCATOD 55 Law Society of Tasmania v Turner (2001) 11 TAS R 1; [2001] TASSC 129 Legal Practitioners Complaints Committee v Camp [2010] WASC 188 Legal Practitioners Complaints Committee v Trowell (2009) 62SR(WA)1 Legal Practitioners Complaints Committee v Walton [2006] WASC 213 Legal Services Commission v Anderson [2015] NSWCATOD 56 Legal Services Commission v Livers [2017] NSWCATOD 117 at [138] Legal Service Commission v Searle [2016] NSWCATOD 23 Marshall v Prescott [2015] NSWCA 110 Nash v Timbercorp Finance Pty Limited (in liq) in the matter of the Bankrupt Estate of Nash [2019] FCA 957 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd and others (1992) ALR 449 NSW Bar Association v Evatt (1968) 117 CLR 177 at 184 Prothonotary of the Supreme Court of New South Wales v Chapman (unreported CA (NSW)) 14 December 1992 Russo v Legal Services Commission [2016] NSWCA Tim Barr Pty Ltd v Narui Gold Coast Pty Ltd [2008] NSWSC 1070 Victorian Legal Services Commission v Harriss (Legal Practice) (Corrected) [2020] VCAT 689 Texts Cited: Nil Category: Principal judgment Parties: Council of the Law Society of NSW (Applicant) Nawar Alkhair (Respondent) Representation: Counsel: P Maddigan (Applicant)