Council of the Law Society of New South Wales v Moody [2025] NSWCATOD 2

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Moody [2025] NSWCATOD 2 Hearing dates: 19 August 2024 Date of orders: 08 January 2025 Decision date: 08 January 2025 Jurisdiction: Occupational Division Before: Seiden SC DCJ, Deputy President S D Westgarth, Deputy President E Hayes, General Member Decision: (1) The respondent is guilty of professional misconduct. (2) Pursuant to s 64(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW), publication of the Tribunal's reasons for decision is restricted, pending the completion of the criminal trial discussed in these reasons or until further order, to the parties and their legal advisors, or for the purpose of further legal proceedings. (3) The parties are to notify the Tribunal as soon as practicable at the conclusion of the trial for the purpose of vacating order (2) above. (4) The applicant is to give the Tribunal and the respondent any material sought to be relied upon and an outline of submissions in relation to protective orders sought and costs, by 17 February 2025. (5) The respondent is to give to the Tribunal and the applicant any material sought to be relied upon and an outline of submissions in relation to protective orders and costs, by 28 February 2025. (6) The applicant is to provide any submissions in reply by 7 March 2025. (7) The parties are to include in their submissions their views as to whether the issue for determination in relation to the making of protective orders and the awarding of costs can be adequately determined on the basis of the written material lodged with the Tribunal, in the absence of the parties and without a hearing, under s 50 of the Civil and Administrative Tribunal Act 2013 (NSW). (8) By 21 February 2025, the parties are to provide to the Tribunal mutually convenient dates for a 1-day hearing after 14 March 2025. (9) The matter is listed for directions on 23 April 2025 at 11:30 AM which will be vacated in the event the matter is fixed for hearing. Catchwords: PROFESSIONS AND TRADES – legal practitioner — professional misconduct or unprofessional conduct — alleged contravention of the Legal Profession Uniform Law (NSW) 2014 — what amounts to a substantial failure per s 297(1)(a) — public comment on current proceedings under rules 3.1, 5.1 and 28.1 of the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 — relevance of principles of sub judice contempt — prejudice to a fair trial or diminish public confidence in the administration of justice Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Interpretation Act 1987 (NSW) Legal Profession Uniform Law 2014 (NSW) Legal Profession Uniform General Rules 2015 (NSW) Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW) Cases Cited: Council of the Law Society of New South Wales v Croke [2024] NSWCA 195 Council of the Law Society of New South Wales v Sideris [2024] NSWCATOD 3 di Suvero v New South Wales Bar Association [2001] NSWASTAP 9 Director of Public Prosecutions (DPP) (WA) v Free [2010] WASC 255 Director of Public Prosecutions v Johnson and Yahoo!7 [2016] VSC 699 Doyle v Glass [2010] NSWSC 94 Dupas v The Queen (2010) 241 CLR 237; [2010] HCA 20 Hannes v Director of Public Prosecutions (DPP) (Cth) (No 2) [2006] NSWCCA 373 Hinch v Attorney General (Victoria) (1987) 164 CLR 15; [1987] HCA 56 John Fairfax & Sons Pty Ltd v McRae (1955) 93 CLR 351 Kumova v Davidson (No 2) 2023 FCA 1 Legal Services Commissioner v Orchard [2012] QCAT 583 Lehrmann v Network Ten Pty Ltd [2024] FCA 369 Ndou v Council of the Law Society of NSW [2023] NSWCATOD 111 New South Wales v Webb [2013] NSWCA 423 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 335 R v Abu Hamza [2007] QB 659 Rehabilitation Medicine Australia Pty Ltd v NIB Health Funds Ltd (No 2) [2020] FCA 1761 Robert Bosch (Aust) Pty Ltd v Secretary, Dept of Innovation, Industry, Science and Research (2011) 197 FCR 374 Scott v Commercial Hotel Merbein Pty Ltd [1930] VLR 25 Stevens v Victoria Police (Review and Regulation) [2019] VCAT 861 Tangsilsat v Council of Law Society of New South Wales [2019] NSWCA 144 Tillmanns Butcheries Pty Ltd v Australasian Meat Industry Employees' Union (1979) 27 ALR 367; 42 FLR 331 Texts Cited: Law Council of Australia, Commentary to the Australian Solicitors' Conduct Rules, March 2024 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Jason Robert Moody (Respondent) Representation: Counsel: Ms G Marsden (Applicant)