Council of the Law Society of New South Wales v Downey [2023] NSWCATOD 162

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Downey [2023] NSWCATOD 162 Hearing dates: On the papers Date of orders: 10 November 2023 Decision date: 10 November 2023 Jurisdiction: Occupational Division Before: Cole DCJ, Deputy President P Moran, Senior Member L Porter, General Member Decision: (1) David Kelvin Downey is reprimanded. (2) David Kelvin Downey is to pay a fine of $3,000. (3) David Kelvin Downey is to pay the costs of the proceedings of the Council of the Law Society of New South Wales. Catchwords: OCCUPATIONS — Legal practitioners — Misconduct and discipline — Professional misconduct – failure to comply with an undertaking Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Legal Profession Uniform Law (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 Cases Cited: Council of the Law Society of New South Wales v Parente [2019] NSWCA 33 Council of the Law Society of New South Wales v Powell [2019] NSWCATOD 24 Law Society of New South Wales v Meakes [2006] NSWCA 340 Law Society of New South Wales v Waterhouse [2002] NSWADT 204 Legal Profession Complaints Committee v Detata [2012] WASCA 214 Vincent Cofini [1994] NSWLST 25 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) David Kelvin Downey (Respondent) Representation: Solicitors: Law Society of New South Wales (Applicant) Respondent (self-represented) File Number(s): 2022/00368804 Publication restriction: None