Council of the Law Society of New South Wales v Ip [2023] NSWCATOD 157

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Ip [2023] NSWCATOD 157 Hearing dates: On the papers Date of orders: 30 October 2023 Decision date: 30 October 2023 Jurisdiction: Occupational Division Before: Cole DCJ, Deputy President A Suthers, Principal Member P Foreman, General Member Decision: Eric Shu-Wah Ip is disqualified indefinitely under s 119(1) of the Legal Profession Uniform Law (NSW) from acting as a lay associate or associate. Catchwords: OCCUPATIONS — Lay Associates — use of trust money in breach of Legal Profession Uniform Law (NSW)- disqualification Legislation Cited: Legal Profession Uniform Law (NSW) Cases Cited: Barwick v Council of the Law Society of New South Wales [2004] NSWCA 32 Council of the Law Society of New South Wales v Jafari [2020] NSWCA 53 Council of the New South Wales Bar Association v EFA [2021] NSWCA 339 Law Society of New South Wales v Moulton [1981] 2 NSWLR 736 Texts Cited: None cited Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant)

Eric Shu-Wah Ip (Respondent) Representation: Solicitors: Law Society of New South Wales (Applicant) McCullough Robertson Lawyers (Respondent) File Number(s): 2022/00310789 Publication restriction: Nil

REASONS FOR DECISION 1. The Council of the Law Society of New South Wales ('the Council') has applied, by the filing of an Application for disciplinary findings and orders ('the Application'), for orders against Mr Ip, who is not an Australian legal practitioner, under s 119(1) of the Legal Profession Uniform Law (NSW) ('the Uniform Law'). 2. The Council's application was supported by the affidavit of Mr Thong, a Trust Account Investigator employed by the Council, who provided a helpful and thorough report. 3. The Council and Mr Ip have jointly submitted an Agreed Statement of Facts to the Tribunal, and Mr Ip has agreed that the orders sought by the Council are appropriate. 4. As is the case in relation to disciplinary proceedings which concern a legal practitioner under the Uniform Law, even though the relevant facts have been agreed and Mr Ip does not contest the orders sought, the Tribunal must be satisfied that it is appropriate to make the orders sought (see Council of the Law Society of New South Wales v Jafari [2020] NSWCA 53 at [3]). 5. The Council seeks an order under s 119 of the Uniform Law disqualifying Mr Ip indefinitely from being a lay associate.