New South Wales Bar Association v Cairns [2008] NSWADT 34

CITATION: New South Wales Bar Association v Cairns [2008] NSWADT 34

DIVISION: Legal Services Division

APPLICANT Council of the New South Wales Bar Association PARTIES: RESPONDENT Stephen William Cairns

FILE NUMBER: 062020, 072025

HEARING DATES: 10 August 2007

SUBMISSIONS CLOSED: 10 August 2007

DATE OF DECISION: 21 January 2008

BEFORE: Karpin A - ADCJ (Deputy President); Stenmark A - Judicial Member; Fitzgerald R - Non Judicial Member

CATCHWORDS: Barrister – Disciplinary application

MATTER FOR DECISION: Principal matter

Legal Profession Act 1987 LEGISLATION CITED : Legal Profession Act 2004 New South Wales Barristers' Rules

Briginshaw v Briginshaw (1938) 60 CLR 336Ghazal v Government Insurance office of New South Wales (1992) 29 NSWLR 336 CASES CITED: Lemoto v Able Technical Pty.Ltd & Ors [2005] NSWCA 153 Minister Administering the Crown Lands Consolidation /Act and Western Lands Act v Tweed Byron Local Aboriginal Land Council (1990) 71 LGRA 201

APPLICANT P Brereton, barrister REPRESENTATION: RESPONDENT R Williams, barrister

File Number: 072025 1.The respondent is guilty of unsatisfactory professional conduct 2.The respondent is reprimanded 3.The decision of the Tribunal is to be published 4.The respondent is to pay the costs of the applicant as agreed or assessed ORDERS: File Number: 062020 1.The respondent is guilty of unsatisfactory professional conduct 2.The respondent is reprimanded 3.The decision of the Tribunal is to be published 4.The claim for compensation to be referred to the Legal Services Commissioner for determination pursuant to section 573(1)(b) Legal Profession Act 2004 5.The respondent to pay the applicant's costs as agreed or assessed.