Council of the Law Society of New South Wales v Sideris [2024] NSWCATOD 3

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Sideris [2024] NSWCATOD 3 Hearing dates: 23 and 29 November 2023 Date of orders: 5 January 2024 Decision date: 05 January 2024 Jurisdiction: Occupational Division Before: Armstrong J, President A Suthers, Principal Member B Thomson, General Member Decision: 1. The Tribunal finds Mr Sideris guilty of professional misconduct. 2. The Tribunal makes the following directions in relation to the next stage of these proceedings involving the making of any protective orders, together with the awarding of costs: (i) The Council of the Law Society of New South Wales is to provide to the Tribunal, and to Mr Sideris, any further evidence on which it intends to rely, and any further submissions, including as to the proposed wording of any orders sought, within 14 days of the publication of this decision. (ii) Mr Sideris is to provide to the Tribunal, and to the Council of the Law Society of New South Wales, any further evidence on which he intends to rely, and any further submissions, including as to the proposed wording of any orders sought, within a further 14-day period. (iii) The Council of the Law Society of New South Wales is to provide to the Tribunal, and to Mr Sideris, any material in reply, within a further 7-day period. (iv) The Parties are to include in their submissions their views as to whether the issues for determination in relation to the making of protective orders and the awarding of costs in the proceedings can be adequately determined on the basis of the written material lodged with the Tribunal, in the absence of the parties and without a hearing, under s 50 of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: OCCUPATIONS – legal practitioners – solicitors – disciplinary proceedings – whether solicitor assisting as son-in-law and not as a solicitor – whether solicitor acting under power of attorney and not as a solicitor – whether conduct occurred "in the course of legal practice" – whether conduct occurred in "representing a client" OCCUPATIONS – legal practitioners – solicitors –where solicitor repeatedly emails representatives of the client of another solicitor – where conduct is consistent and repeated breach of r 33.1 of Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW) – solicitor found guilty of professional misconduct OCCUPATIONS – legal practitioners – solicitors –where solicitor's correspondence to another solicitor involves use of profanities, threats and unsubstantiated allegations – whether discourteous – where conduct is consistent and repeated breach of r 4.1.2 of Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW) – solicitor found guilty of professional misconduct WORDS AND PHRASES – "in the course of legal practice" and "representing a client" – rr 4.1.2 and 33.1 of Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW) Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 17(3), 50(2), 60, Sch 5, cll 20, 23(1) Evidence Act 1995 (NSW), ss 57, 76, 77, 78, 80, 140 Legal Practitioners Act 1981 (SA) Legal Profession Conduct Rules 2010 (WA), r 6 Legal Profession Uniform Law (NSW), ss 6, 10, 11, 261, 262, 296, 297, 298, 299, 300, 302, 303 Legal Profession Uniform Law Application Act 2014 (NSW) Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW), rr 2, 4.1.2, 5, 32, 33 Powers of Attorney Act 2003 (NSW), s 12 Cases Cited: Baker v Campbell (1983) 153 CLR 52; [1983] HCA 39 Bale v Mills (2011) 81 NSWLR 498; [2011] NSWCA 226 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Carr v Finance Corporation of Australia Ltd (No 1) (1981) 147 CLR 246; [1981] HCA 20 Clyne v Bar Association (NSW) (1960) 104 CLR 186; [1960] HCA 40 Council of the Law Society of New South Wales v Australian Injury Helpline Ltd (2008) 71 NSWLR 715; [2008] NSWSC 627 Council of the Law Society of New South Wales v Byrnes [2016] NSWCATOD 64 Council of the Law Society of New South Wales v Webb [2013] NSWCA 423 Council of the New South Wales Bar Association v Dwyer [2015] NSWCA 302 Eastman v Director of Public Prosecutions (ACT) (2003) 214 CLR 318; [2003] HCA 28 Griffin v The Council of the Law Society of New South Wales [2016] NSWCA 364 Jones v Jones (1847) 5 Notes of Cases in the Ecclesiastical and Maritime Courts 134 Law Society of New South Wales v Seymour (Supreme Court (NSW), Barr J, 2 December 1997, unrep) Legal Practitioners Conduct Board v Daryl Wharff [2012] SASCFC 116 Legal Profession Complaints Committee v Lourey [2022] WASCA 114 Legal Services Commissioner v Mercader (Legal Practice) [2011] VCAT 2062 Legal Services Commissioner v Paric (Legal Practice) [2015] VCAT 703 Legal Services Commissioner v Poole [2019] QCAT 381 Legal Services Commissioner v Tuferu (Legal Practice) [2013] VCAT 1438 McIlwain v Ramsey Food Packaging Pty Ltd [2006] FCA 828 Odtojan v Condon [2023] NSWCA 129 Orlov and Pursley [1995] NSWLST 3 Overdean Developments Pty Ltd v Garslev Holdings Pty Ltd (No 3) [2021] NSWSC 1482 Re Margetson [1897] 2 Ch 314 Re Sanderson, ex parte Law Institute of Victoria (1927) VLR 394 Tangsilsat v Council of the Law Society of New South Wales [2019] NSWCA 144 The Law Society of NSW v Seymour [1999] NSWCA 117 Westbury v The Owners – Strata Plan No 64061 [2021] NSWCATEN 3 Texts Cited: Dal Pont, Powers of Attorney (2011, LexisNexis Butterworth) Law Institute Victoria, Ethics Guidelines, "Communicating with Another Solicitor's Client" Queensland Law Society, Guidance Statement No 29 "Applying the 'no contact' rule when the other party is an organisation" Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) George Sideris (Respondent) Representation: Counsel: B Tronson and M Nesbeth (Applicant)