Council of the Law Society of New South Wales v Lee [2024] NSWCATOD 108

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Lee [2024] NSWCATOD 108 Hearing dates: 20 February 2024, 16 and 27 May 2024 Date of orders: 25 July 2024 Decision date: 25 July 2024 Jurisdiction: Occupational Division Before: S Westgarth, Deputy President M Sindler, Senior Member L Porter, General Member Decision: (1) The Respondent is reprimanded. (2) The Respondent is to pay a fine of $10,000 to the Applicant within 2 months or such longer period agreed by the Applicant. (3) No practising certificate is to be granted to the Respondent until she undertakes further education in the following terms: (a) The Respondent must undertake, complete and pass, at her own expense, a course that is approved by the Law Society of New South Wales' Director, Legal Regulation (Director) dealing with Practice Management (Course) and therein achieve a pass mark of not less than 65%. (b) The Respondent shall, within seven (7) days of receipt of notification of the result of her participation in the Course, provide the original of such notification to the Director. (4) The Respondent may not apply for a practising certificate that would authorise her to be a principal of a law practice until after she has held five (5) practising certificates in five (5) separate practising certificate years that authorise her to engage in supervised legal practice only. (5) The Respondent is to pay the Applicant's costs fixed in the amount of $10,000 within 2 months or such longer time agreed by the Applicant. Catchwords: OCCUPATIONS — solicitor misconduct — professional misconduct and/or unsatisfactory professional conduct — consideration of ss 10, 334, 335 and0 371 of the Legal Profession Uniform Law — failure to cooperate and thereby obstruct a manager of a law practice — participating in the affairs of a law practice — practising without a current practising certificate or professional indemnity insurance — noncompliance with obligations concerning the stamping of a transfer of real property — failure to comply with a notice issued under s 371 of the Uniform Law — appropriate protective orders — costs. Legislation Cited: Conveyancers Licensing Act 2003 (NSW) Legal Profession Uniform Law (NSW) Legal Profession Uniform General Rules 2015 Taxation Administration Act 1996 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Council of Law Society of NSW v Batalha [2020] NSWCATOD 158 Council of the Law Society of New South Wales v Fisher (No 2) [2021] NSWCATOD to 135 Law Society of New South Wales v Bannister (1993) 4 LPDR 24 Law Society of New South Wales v Foreman (1994) 34 NSWLR 408 Law Society of New South Wales v Walsh [1997] NSWCA 185 New South Wales Bar Association v BRJ (No 2) [2015] NSWCATOD 140 Russo v Legal Services Commissioner [2016] NSWCA 306 Texts Cited: Not applicable Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Pei Sze Lee (Respondent) Representation: Counsel: G Johnson (Applicant) A Khoury (Respondent)