Di Giovanni v Council of the Law Society of New South Wales [2024] NSWCATOD 66

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Di Giovanni v Council of the Law Society of New South Wales [2024] NSWCATOD 66 Hearing dates: 19 February 2024 Date of orders: 24 May 2024 Decision date: 24 May 2024 Jurisdiction: Occupational Division Before: A Suthers, Principal Member M Sindler, Senior Member Decision: 1. The decision of the Council of the Law Society of New South Wales dated 19 May 2023 is varied as follows: (1) The Applicant is reprimanded; (2) The Applicant shall, within three months of the date of these orders: (a) complete an ethics tutorial with the Respondent's Ethics Unit which addresses the issues arising from paragraph 83 of this decision; and (b) within seven days of completing that tutorial is to provide to the Respondent's Director, Legal Regulation (Director) a report which demonstrates, to the reasonable satisfaction of the Director, the Respondent's understanding of matters dealt with in the tutorial. (3) The Applicant is to provide an apology to her client, described in this decision as the vendor, in a form approved by the Director, within 45 days. 2. Publication of the names of the persons described in these reasons as "the vendor" and the "family members" is prohibited. 3. Directions as to costs at [93] Catchwords: ADMINISTRATIVE LAW – review of disciplinary findings of Council of the Law Society of New South Wales – disciplinary decisions – duty to avoid conflict when acting for more than one party to a transaction – need for informed consent of the client Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Legal Profession Uniform Law (NSW) Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW) Cases Cited: Beach Petroleum NL v Kennedy (1999) 58 NSWLR 1 Break Fast Investments Pty Ltd v Rigby Cooke [2022] VSCA 118 Break Fast Investments v Rigby Cooke Lawyers [2021] VSC 398 BRJ v Council of the New South Wales Bar Association [2016] NSWSC 146 Callachor v Black (2000) 12 BPR 22,439; [2000] NSWCA 347 Comcare v Dunstan [2014] FCAFC 21 Commonwealth Bank of Australia v Smith (1991) 102 ALR 453 Coshott v Prentice (2014) 221 FCR 450; [2014] FCAFC 88 Council of the New South Wales Bar Association v EFA (a pseudonym) [2021] NSWCA 339 Donaghy v The Council of the Law Society of New South Wales [2013] NSWCA 154 Drake v Minister of Immigration and Ethnic Affairs (1979) 2 ALD 60 at 77; [1979] FCA 39 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389; [2003] HCA 26 Fulton v Fulton [2014] NSWSC 619 Gautam v Health Care Complaints Commission [2021] NSWCA 85 Hall v Council of the Law Society of New South Wales [2020] NSWCATOD 96 Kerin v Legal Practitioners Complaints Committee (1996) 67 SASR 149; [1996] SASC 5650 Law Society of New South Wales v Maharaj [2017] NSWCATOD 79 Le Serve v Great Wall Resources Pty Ltd [2010] NSWSC 1213 Legal Services Commissioner v Laylee [2016] QCAT 237 Maguire v Makaronis (1997) 188 CLR 449 Marron v J Chatham Daunt Pty Ltd [1998] VSC 110 McDonald v Director-General of Social Security (1984) 1 FCR 354; [1984] FCA 57 Metro Waterloo Pty Ltd v HWL Ebsworth Lawyers [2021] QDC 295 Moody v Cox [1917] 2 Ch 71 New South Wales Bar Association v Evatt (1968) 117 CLR 177; [1968] HCA 20 Quinones v Council of the Law Society of New South Wales [2023] NSWCATOD 43 Shi v Migration Agents Registration Authority (2008) 235 CLR 286 Smith v New South Wales Bar Association (1992) 176 CLR 256 Thompson v Mikkelsen (Supreme Court (NSW), Wootten J, 3 October 1974, unrep) Tobin v Dodd [2004] WASCA 288 Transport Industries Insurance Co Ltd v Longmuir (1996) 9 ANZ Insurance Cases 61-385; [1997] 1 VR 125 Watson v Foxman (1995) 49 NSWLR 315 Youssef v NSW Legal Services Commissioner [2020] NSWCATOD 85 Ziems v The Prothonotary of the Supreme Court of New South Wales (1957) 97 CLR 270; [1957] HCA 46 Texts Cited: New South Wales Solicitors Manual Lawyers' Professional Responsibility (Lawbook Co, 7th ed, 2021) - Professor Dal Pont Category: Principal judgment Parties: Maria Di Giovanni (Applicant) Council of the Law Society of New South Wales (Respondent) Representation: Barristers: P Griffin SC (Applicant) R Pietriche (Respondent)