New South Wales Bar Association -v- Mitry [2002] NSWADT 185

CITATION: New South Wales Bar Association -v- Mitry [2002] NSWADT 185 revised - 13/10/2004 DIVISION: Legal Services Division APPLICANT PARTIES: Council of the New South Wales Bar Association RESPONDENT Richard Mitry FILE NUMBER: 012021 HEARING DATES: 08/04/02, 09/04/02, 14/06/02 SUBMISSIONS CLOSED: 06/14/2002 DATE OF DECISION: 09/26/2002

BEFORE: Clisdell RJ - Judicial Member; ; Mahon D - Member APPLICATION: Professional Misconduct - conviction for indictable offences MATTER FOR DECISION: Principal matter LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Legal Profession Act 1987 Yorke v Lucas (1983-1984) 158 CLR 661 Briginshaw v Briginshaw [1938] 60 CLR 336 CASES CITED: New South Wales Bar Association v Murphy [2002] NSWCA 138 Ziems and the Prothonotary of the Supreme Court of New South Wales (1957) 97 CLR 279 Richard Mitry v Council of the New South Wales Bar Association [2001] NSWCA 273 APPLICANT REPRESENTATION: P Garling SC, barrister RESPONDENT W Hodgekiss, barrister ORDERS: 1. The Barrister is to be publicly reprimanded; 2. The Bar Association shall not issue an unrestricted practicing certificate to the Barrister until he has satisfactorily completed the Bar Association Reading Program and the Bar Practice Course; 3. The Barrister is to complete, over the next two years, a minimum of twenty hours in each year of continuing legal education in courses recommended by the Bar Association and satisfy the Bar Association that he has attended those courses; 4. The Barrister is to pay the costs of the Bar Association of these proceedings as agreed or assessed; 5. Liberty to apply in respect of costs.