New South Wales Bar Association v Hart [2006] NSWADT 97

CITATION: New South Wales Bar Association v Hart [2006] NSWADT 97

DIVISION: Legal Services Division

APPLICANT PARTIES: Council of the New South Wales Bar Association RESPONDENT John Peter Hart

FILE NUMBER: 052031

HEARING DATES: 19/12/05

SUBMISSIONS CLOSED: 12/19/2005

DATE OF DECISION: 04/05/2006

BEFORE: Chesterman M - ADCJ (Deputy President); Stenmark A - Judicial Member; Kirkby E - Non Judicial Member

CATCHWORDS: Professional Misconduct - fail to comply with statutory notices - Professional Misconduct - fail to disclose convictions for tax offences - Unsatisfactory Professional Conduct - fail to comply with statutory notices

MATTER FOR DECISION: Principal matter

Legal Profession Act 1987 LEGISLATION CITED : Legal Profession Act 2004 Legal Profession Regulation 2002 Taxation Administration Act 1953 (Cth)

A Solicitor v Law Society of New South Wales (2003) 216 CLR 253 CASES CITED: Allinson v General Council of Medical Education and Registration [1894] 1 QB 750 Council of the Law Society of New South Wales v Graham [2005] NSWCA 127 Weaver v Law Society (NSW) (1979) 142 CLR 201

APPLICANT P Mahony SC REPRESENTATION: RESPONDENT S Cuddy, solicitor

ORDERS: 1. The Respondent is found guilty of professional misconduct in respect of Ground 5 of the Information; 2. The Respondent is found guilty of unsatisfactory professional conduct in respect of Grounds 1 – 4 of the Information; 3. The Respondent is publicly reprimanded; 4. The Respondent is to pay a fine of $4,000 within three months of the date of these orders. If the fine is not paid within this period, his practising certificate is to be cancelled and no further certificate is to be issued to him until it is paid; 5. The Respondent is to pay the Applicant's costs of these proceedings, as agreed or assessed.