The Application of FXI under s 121 of the Legal Profession Uniform Law (NSW) [2024] NSWCATOD 6

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Application of FXI under s 121 of the Legal Profession Uniform Law (NSW) [2024] NSWCATOD 6 Hearing dates: 11 December 2023 Date of orders: 18 January 2024 Decision date: 18 January 2024 Jurisdiction: Occupational Division Before: S Westgarth, Deputy President A Suthers, Principal Member Decision: 1. Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure of the name of the Applicant, or any information tending to reveal his identity, is prohibited until further order. The Applicant is to be referred to as FXI for so long as the disclosure of his name is prohibited. 2. Pursuant to s 121(2) of the Legal Profession Uniform Law 2014 (NSW) (Uniform Law), FXI is approved to be a lay associate of any New South Wales law practice on the conditions set out below, with such permission to include employment in the following roles: paralegal, legal clerk, legal secretary and research assistant. 3. The following conditions are attached to this approval: (a) The Applicant must not work on legal matters that concern children (defined as any person under the age of 18), and must not have any contact with children in the course of his work as a lay associate. (b) Whilst acting as a lay associate, the Applicant must be supervised by an Australian lawyer who holds a practising certificate which authorises the holder to supervise the work of others. (c) In addition to his obligations under s 122(1) of the Uniform Law (to inform any law practice of his convictions prior to becoming a lay associate), the Applicant must inform both the principal of any law practice in which he works and any legal practitioner directly responsible for his supervision, of the following matters prior to becoming a lay associate: (i) any conditions imposed on his approval under s 121 by the Tribunal; and (ii) his status as a "registrable person" pursuant to the Child Protection (Offenders Registration) Act 2000 (NSW). (d) Prior to becoming a lay associate, the Applicant must make the written reasons of the Tribunal available to both the principal of any law practice in which he works, and any legal practitioner directly responsible for his supervision. (e) The Applicant must provide proof of compliance with conditions (b) to (d) to the Director, Legal Regulation of the Law Society of New South Wales within seven days of becoming a lay associate of any NSW law practice. (f) The Applicant must notify the Director, Legal Regulation, of the Law Society of New South Wales of the occurrence of any future matter or event which might adversely affect his suitability to be a lay associate (including any criminal charges brought against him) within seven days of its occurrence. 4. The Applicant is exempt from order 1 for the purposes of making the disclosures required of him by the conditions placed upon him by the Tribunal pursuant to s 121(4) of the Uniform Law. Catchwords: ADMINISTRATIVE LAW – application of lay associate for approval under s 121 of the Legal Profession Uniform Law – relevant considerations where applicant pleaded guilty to serious offences – confidentiality application Legislation Cited: Child Protection (Offender Reporting) Act 2004 (Qld) Child Protection (Offenders Prohibition Orders) Act 2003 Child Protection (Offenders Registration) Act 2000 (NSW) Civil & Administrative Tribunal Act 2013 (NSW) Criminal Code Act 1995 (Cth) Legal Profession Uniform Law 2014 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: An application for admission as a legal practitioner by MCF [2014] QCA 154 Council of the Law Society of New South Wales v Parente [2019] NSWCA 33 Godla v Director of Public Prosecutions (NSW) [2002] NSWCA 193 In the matter of an application for admission as a legal practitioner by MCF [2015] QCA 154 Legal Services Board v McGrath (No 2) (2010) 29 VR 325; [2010] VSC 332 McCowan v Council of the Law Society of NSW [2014] NSWCATAP 44 McGirr & Anor v The Council of the Law Society of NSW [2014] NSWCATOD 154 Ziems v the Prothonotary of the Supreme Court of New South Wales (1957) 97 CLR 279 Texts Cited: Not applicable Category: Principal judgment Parties: FXI (Applicant) Representation: Counsel: I Lloyd KC (Applicant)