Council of the Law Society of New South Wales v Malakhov [2023] NSWCATOD 182

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Malakhov [2023] NSWCATOD 182 Hearing dates: On the papers Date of orders: 13 December 2023 Decision date: 13 December 2023 Jurisdiction: Occupational Division Before: Cole DCJ, Deputy President N Matkovich, Senior Member E Hayes, General Member Decision: (1) The Respondent is reprimanded. (2) The Respondent is to pay a fine of $2,500. (3) The Respondent is to engage in further education as follows: (a) The Respondent is to complete, at his own expense, within 6 months of the date of these orders (the time period), a Legal Ethics course that is approved by the Law Society of New South Wales' Director, Legal Regulation (Legal Ethics Course), and therein achieve a pass mark of not less than 65% (pass mark); (b) Within 7 days of receipt of notification of the result of his participation in the Legal Ethics Course, the Respondent is to provide to the Law Society of New South Wales' Director, Legal Regulation, the original of such notification; (c) Should the Respondent fail to achieve the pass mark in the Legal Ethics Course, he shall complete such further Legal Ethics Course (by way of repeating the same Legal Ethics Court previously attempted, or as approved by the Law Society of New South Wales' Director, Legal Regulation) until such time as he achieves the pass mark in a Legal Ethics Course within the time period. (4) The Respondent is to pay the costs of the Applicant of these proceedings. (5) Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW), and until further order, the name and any information, picture or other material which identifies or is likely to lead to the identification of the following persons, as persons connected with these proceedings, is prohibited: (a) The defendant for whom the Respondent was acting in the proceedings in the Blacktown Local Court on 10 January 2019, who is referred to as 'the husband' in the Tribunal's reasons for decision. (b) The defendant's wife, who is referred to in the Tribunal's reasons for decision as 'the wife'. Catchwords: OCCUPATIONS — Legal practitioners — Misconduct and discipline — instrument of consent Legislation Cited: Legal Profession Uniform Law (NSW) Legal Profession Uniform Law Application Act 2014 Legal Profession Uniform Law Australia Solicitors' Conduct Rules Cases Cited: Law Society of New South Wales v Bannister [1993] NSWCA 157 Law Society of New South Wales v Maharaj [2017] NSWCATOD 79 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Vadym Leonidovych Malakhov (Respondent) Representation: Counsel: N Sharp SC with N Evans (Applicant)