NSW Caselaw
CITATION: Council of the New South Wales Bar Association v Raphael [2007] NSWADT 201
DIVISION: Legal Services Division
APPLICANT PARTIES: Council of the New South Wales Bar Association RESPONDENT David Keith Louis Raphael
FILE NUMBER: 052033
HEARING DATES: 25 August 2006 and 15 February 2007
SUBMISSIONS CLOSED: 8 June 2007
DATE OF DECISION: 5 September 2007
BEFORE: Karpin A - ADCJ (Deputy President); Robberds LP QC- Judicial Member; Klika D - Non Judicial Member
CATCHWORDS: Barrister – Disciplinary application
MATTER FOR DECISION: Principal matter
LEGISLATION CITED : Legal Profession Act 1987 Legal Profession Act 2004
Deacon v Australian Capital Territory (2001) 147 ACTR 1 New South Wales Bar Association v Meakes [2006] NSWCA 340 Kerridge v Simmonds 4 CLR 253 CASES CITED: Allinson v General Council of Medical Education and Registration [1894] 1 KB 750 Harmon Shipping Co SA v Saudi Europe Line Limited [1979] 1 WLR 1380 Lines MacFarlane & Marshall Pty Limited v Fletcher Constructions Australia Limited (No 2) [2000] VSC 568 Smith v New South Wales Bar Association 176 CLR 256
APPLICANT P Brereton, barrister REPRESENTATION: RESPONDENT M Neil QC J O'Sullivan, barrister
ORDERS: 1. Tribunal finds that the barrister engaged in unsatisfactory professional conduct.; 2. The Tribunal orders that the application is stood over to a date to be fixed for the Tribunal to receive evidence and submissions as to the appropriate dispositive orders.
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