Council of the New South Wales Bar Association v Mack [2024] NSWCATOD 120

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the New South Wales Bar Association v Mack [2024] NSWCATOD 120 Hearing dates: 26-28 June 2023, 02 November 2023 and 26 April 2024 Date of orders: 09 August 2024 Decision date: 09 August 2024 Jurisdiction: Occupational Division Before: Coleman SC ADCJ, Principal Member E Bishop SC, Senior Member L Porter, General Member Decision: (1) The Respondent is guilty of unsatisfactory professional conduct and professional misconduct. (2) The proceedings are listed for Stage 2 hearing on 28 October 2024. (3) The parties are to file and serve any further evidence upon which the parties rely by 14 October 2024. (4) The parties have liberty to apply for further directions by telephone on 7 days' notice. Catchwords: OCCUPATIONS- Legal Profession- whether barrister agreed to provide legal services pursuant to alleged consultancy agreement whilst not holding practising certificate- whether barrister received money from client for provision of legal services whilst not holding practising certificate- whether barrister guilty of unsatisfactory professional conduct- whether barrister guilty of professional misconduct Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Legal Profession Act 1987 (NSW) Legal Profession Uniform Conduct (Barristers) Rules 2015 (NSW) Legal Profession Uniform General Rules 2015 (NSW) Legal Profession Uniform Law (NSW) Cases Cited: Allinson v General Council of Medical Education and Registration [1894] 1 QB 750 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Council of the New South Wales Bar Association v Costigan [2013] NSWCA 407 Council of the New South Wales Bar Association v Perry [2007] NSWCA 111 Health Care Complaints Commission v Grygiel (Termination Application) [2020] NSWCATOD 53 Health Care Complaints Commission v Wardman [2020] NSWCATOD 126 Iannella v French (1968) 119 CLR 84; [1968] HCA 14 Manly Council v Byrne [2004] NSWCA 123 Mei Ling v Law Society of New South Wales (1974) 1 NSWLR 490 New South Wales Bar Association v Cummins (2001) 52 NSWLR 279; [2001] NSWCA 28 Prothonotary v Gregory [2017] NSWCA 101 Prothonotary of the Supreme Court of New South Wales v McCaffrey [2004] NSWCA 470 Rockcote Pty Ltd v FS Architects Pty Ltd [2008] NSWCA 39 Taikata v The Queen (1986) 186 CLR 454; [1986] HCA 28 The Nominal Defendant v Cordin [2017] NSWCA 6 Category: Principal judgment Parties: Council of the New South Wales Bar Association (Applicant) Patrick Fordam Mack (Respondent) Representation: Counsel: P Griffin SC (Applicant)