Miedzinski v Council of the Law Society of NSW [2007] NSWADT 268

CITATION: Miedzinski v Council of the Law Society of NSW [2007] NSWADT 268

DIVISION: Legal Services Division

APPLICANT Helen Anne Miedzinski PARTIES: RESPONDENT Council of the Law Society of New South Wales

FILE NUMBER: 062029

HEARING DATES: 3 May 2007

SUBMISSIONS CLOSED: 3 May 2007

DATE OF DECISION: 20 November 2007

BEFORE: Karpin A - ADCJ (Deputy President)

CATCHWORDS: Review – decision to refuse application for approval of lay associate (section 17(4))

MATTER FOR DECISION: Principal matter

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Legal Profession Act 1987 Legal Profession Act 2004

Barwick v. Council of the Law Society of New South Wales [2004] NSWCA 32 CASES CITED: Camille Edouard Dezarnaulds & Stephen Wawn v. The Law Society of New South Wales [unreported 27 June 1995] Court of Appeal NSW La Fontaine & Anor v. Law Society of NSW [2006] NSWADT 244

J Shaw QC REPRESENTATION: D Barton, solicitor

ORDERS: 1. Pursuant to s. 17 Legal Profession Act 2004, the Tribunal approves the employment of Ross Garfield Barwick in the practice of the applicant upon the following conditions:; A. Mr. Barwick's employment to be limited to:; i. Drafting deeds, documents, letters, contracts, special conditions, wills and all documents and correspondence associated with the practice of law, including correspondence relating to outstanding costs and disbursements; ii. Research for professional staff; iii. Preparation of briefs to Counsel, observations for Counsel, drafting documents and written submissions to be settled by Counsel; B. Conditions of employment:; i. Mr. Barwick to be supervised by Helen Anne Miedzinski at all times.; ii. Mr. Barwick is not to have access to or be signatory to any account conducted by the applicant with any financial institution in the course of her practice.; iii. No document, letter or any other written material drafted by Mr. Barwick is to be despatched from the applicant's office without prior approval of the applicant.; iv. No document or written communication of any nature is to leave the practice under the name or signature of Mr. Barwick; v. Mr. Barwick may not have a business card that identifies him with the applicant's practice without prior approval of the Law Society of NSW; vi. Mr. Barwick may only attend upon clients if: (a) the client has been advised by the applicant that Mr. Barwick is not a qualified legal practitioner; (b) the attendance is conducted in the presence of a qualified member of the applicant's staff who has carriage of the particular matter; vii. Mr. Barwick may not appear in court to instruct counsel, nor seek leave to appear in a matter for mention or otherwise; C. The Tribunal notes that the applicant will impose the following conditions on Mr. Barwick:; i. To attend the office daily; ii. To attend continuing legal education seminars as required by the applicant.; iii. To complete time sheets; 2. Each party to pay their own costs of and incidental to these proceedings.