Council of the New South Wales Bar Association v de Robillard [2023] NSWCATOD 75

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the New South Wales Bar Association v de Robillard [2023] NSWCATOD 75 Hearing dates: 22 – 23 August 2022, 24 – 26 October 2022 Date of orders: 01 June 2023 Decision date: 01 June 2023 Jurisdiction: Occupational Division Before: The Hon Le Poer Trench, ADCJ, Principal Member H Dixon SC, Senior Member L Porter, General Member Decision: (1) Pursuant to s 262(4)(a) and s 302 of the Legal Profession Uniform Law (NSW), it is recommended that the name Christian Roger de Robillard be removed from the Roll kept by the Supreme Court of NSW and the Australian Legal Profession Register. (2) The Council is to make any further submission it seeks to rely upon in support of its' application for the Respondent to pay its' costs within 14 days from the date of this order. The submission is to be limited to four A4 pages. (3) The Respondent is to make any submission in response to the Council's submission on costs within 14 days of the receipt of any further submission of the Council made pursuant to this order and if no further submission is made the Respondent is to provide his written submission (limited to four A4 pages) in relation to the Council's application that he pay the Council's costs of the proceeding, within 14 days of the date of this order. (4) The Council may provide a written reply to the submission of the Respondent, within 14 days of having been served with same. Such submission is to be confined to four A4 pages. (5) Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), publication or disclosure of the names of the Respondent's former clients referred to in these reasons is prohibited. Catchwords: OCCUPATIONS – legal practitioners – barristers – professional misconduct – unsatisfactory professional conduct Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 36, Sch 5 Pt 4 Civil Procedure Act 2005 (NSW), s 56 Evidence Act 1995 (NSW) Interpretation Act 1987 (NSW) Legal Profession Act 1987 (NSW), ss 143(2), 155(2) Legal Profession Act 2004 (NSW), ss 152(1), 252 Legal Profession Uniform Admission Rules 2015 (NSW), rr 12, 14 Legal Profession Uniform Conduct (Barristers) Rules 2015 (NSW), rr 3, 4, 8, 9, 13(c), 101 Legal Profession Uniform Law (NSW), ss 6, 16, 19, 45, 262, 266, 299, 302, 303, 371, 464 Legal Profession Uniform Law Application Act 2014 (NSW), ss 3, 11, 28(2) New South Wales Barristers' Rules (6 January 2014), r 24B Cases Cited: A Solicitor v The Council of the Law Society of New South Wales (2004) 216 CLR 253; [2004] HCA 1 Applicant S254-01, Ex parte – re MIMA [2002] HCATrans 103 British American Tobacco Australia Services Ltd v Laurie (2011) 242 CLR 283; [2011] HCA 2 Clyne v New South Wales Bar Association (1960) 104 CLR 186; [1960] HCA 40 CNY17 v Minister for Immigration and Border Protection (2019) 268 CLR 76; [2019] HCA 50 Comay (Aust) Pty Ltd v Commissioner of State Revenue [2015] VSC 294 Council of the Law Society of NSW v Yoon [2009] NSWCATOD 28 Council of the New South Wales Bar Association v de Robillard [2021] NSWCATOD 207 Council of the New South Wales Bar Association v EFA (a pseudonym) (2021) 106 NSWLR 383; [2021] NSWCA 339 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Gaudie v Local Court of New South Wales [2013] NSWSC 1425 Health Care Complaints Commission v Robinson [2022] NSWCA 164 Legal Practitioners Complaints Committee v Thorpe [2008] WASC 9 Legal Practitioners Conduct Board v Kerin [2006] SASC 393; (2006) 246 LSJS 361 Legal Practitioners Conduct Board v Le Poidevin (2001) 83 SASR 443; [2001] SASC 242 McGovern v Ku-Ring-Gai Council (2008) 72 NSWLR 504; [2008] NSWCA 209 New South Wales Bar Association v Archer (No 8) [2006] NSWADT 318 New South Wales Bar Association v de Robillard [2004] NSWADT 45 New South Wales Bar Association v Evatt (1968) 117 CLR 177; [1968] HCA 20 NSW Education Standards Authority v Yeshiva College Bondi Ltd [2022] NSWCATAP 160 Polsen v Harrison [2021] NSWCA 23 Reid v Commercial Club (Albury) Ltd [2014] NSWCA 98 Seachange Management Pty Ltd v Bevnol Constructions & Developments Pty Ltd [2011] VCAT 1406 Vakuata v Kelly (1989) 167 CLR 568; [1989] HCA 44 Wentworth v New South Wales Bar Association (1992) 176 CLR 239; [1992] HCA 24 Windsor v Health Care Complaints Commission [2020] NSWCA 110 Category: Principal judgment Parties: The Council of the New South Wales Bar Association (Applicant) Christian Roger de Robillard (Respondent) Representation: Counsel: K Morgan SC (Applicant) A Poukchanski (Applicant, junior counsel) Respondent (self-represented)