Payne v Council of the Law Society of New South Wales [2024] NSWCATOD 118

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Payne v Council of the Law Society of New South Wales [2024] NSWCATOD 118 Hearing dates: 23 July 2024 Date of orders: 09 August 2024 Decision date: 09 August 2024 Jurisdiction: Occupational Division Before: S Westgarth, Deputy President R C Titterton OAM, Senior Member Decision: (1) That the Applicant is a fit and proper person to hold a practising certificate. (2) The Applicant's practising certificate continue to be suspended until such time as the community corrections order has been fully served. (3) That after the conclusion of the suspension of the Applicant's practising certificate, the Applicant be issued with a practising certificate under the following conditions: (i) to practice under the supervision and as an employee of a legal practitioner approved by the Respondent; (ii) not to practice as a sole practitioner; (iii) to undertake education, courses and attendance at presentations and/or conferences focused on legal ethics within the first six months of resuming practice, such undertakings to require his attendance for at least a total of 10 hours. Catchwords: ADMINISTRATIVE REVIEW- misconduct of a solicitor- review of a decision of the Council of the Law Society of NSW to cancel the Applicant's practising certificate and to preclude the Applicant from applying for a practising certificate for a period of five years- Applicant having been convicted of perverting the course of justice contrary to s319 of the Crimes Act 1900 (NSW) – whether conduct aberrative- Tribunal declares Applicant to be a fit and proper person to hold a practising certificate subject to conditions – practising certificate to continue to be suspended until the term of a community corrections order has been served- afterwards the practising certificate to be subject to the conditions that the Applicant is to practise under supervision as an employee, is not practise as a sole practitioner and is to undertake courses on legal ethics. Legislation Cited: Administrative Decisions Review Act 1997 Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Legal Profession Uniform Law (NSW) Cases Cited: A Solicitor v Council of the Law Society of New South Wales (2004) 216 CLR 253 Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 Council of the Law Society of New South Wales v Parente [2019] NSWCA 33 In re Davis (1947) 75 CLR 409 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 Foreman [1994] NSWCA 69; 34 NSWLR 408 Legal Professional Complaints Committee v Rayney (No 2) [2018] WASAT 5 Legal Services Board v McGrath (No 2) (2010) 29 VR 235 New South Wales Bar Association v Cummins (2001] NSWCA 284 New South Wales Bar Association v Hamman [1999] NSWCA 404 New South Wales Bar Association v Maddocks (unreported, NSWCA, 23 August 1988) NSW Bar Association v Meakes [2006] NSWCA 340 New South Wales Bar Association v Murphy [2002] NSWCA 138; 55 NSWLR 23 Prothonotary v DL Castillo [2001] NSWCA 75 Re Wear [1893] 2 QB 439 Re a Practitioner (1984) 36 SASR 590 Ziems v The Prothonotary of the Supreme Court of NSW (1957) 97 CLR 279 Texts Cited: Not applicable Category: Principal judgment Parties: Peter Desmond Payne (Applicant) Council of the Law Society of New South Wales (Respondent) Representation: Counsel: R Mathur SC (Applicant) C Webster SC/G Marsden (Respondent)