The Council of the New South Wales Bar Association v Hart [2009] NSWADT 252

CITATION: The Council of the New South Wales Bar Association v Hart [2009] NSWADT 252

DIVISION: Legal Services Division

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

FILE NUMBER: 082021

HEARING DATES: 3 February 2009, 25 May 2009, 7 September 2009

SUBMISSIONS CLOSED: 7 September 2009

DATE OF DECISION: 30 September 2009

BEFORE: Robberds L QC- Judicial Member; Wright R, SC - Judical Member; Fitzgerald R - Non-Judicial Member

CATCHWORDS: Barrister – disciplinary application – unsatisfactory professional conduct – no costs charged - failure to repay money paid in advance for costs – failure to provide costs disclosure – failure to comply with NSW Barristers' Rule 80 – orders – protection of the public.

LEGISLATION CITED : Legal Profession Act 2004

CASES CITED: Smith v New South Wales Bar Association 176 CLR 256 Law Society of New South Wales v Foreman (1994) 34 NSWLR 408

APPLICANT M Lynch, barrister REPRESENTATION: RESPONDENT G Walsh, solicitor

The Tribunal makes the following orders: 1.An order that John Peter Hart has engaged in unsatisfactory professional conduct 2.An order pursuant to section 562 (2) (e) of the Legal Profession Act 2004, reprimanding John Peter Hart ORDERS: 3.An order that John Peter Hart pay a fine of $5,000 within 3 months from the date of these orders. If the fine is not paid within that period, his practising certificate is to be cancelled and no further certificate is to be issued to him until it is paid 4. An order pursuant to section 562 (5) of the Legal Profession Act 2004 that for a period of 3 years from the date of these orders, any practising certificate issued to John Peter Hart shall be endorsed with the following conditions: (i) to attend for treatment and counselling for alcohol dependency on Dr John Roberts at the rate of not less than one consultation every three months from the date of these orders, provided that in the event that Dr Roberts is unable or unwilling to continue consultations with him, then he is to consult with another specialist practitioner approved by the Bar Council (in either case the "treating specialist");(ii) John Peter Hart shall comply with any treatment (including medication, any further attendances for treatment (including but not limited to attendances at meeting of Alcoholics Anonymous) and urine, blood and other testing) recommended by the treating specialist;(iii) John Peter Hart shall arrange for the treating specialist to provide a written report to the Bar Council every three months reporting on:(a)his attendance on the treating specialist;(b)his compliance with any treatment recommended by the treating specialist;(c)his progress under treatment; (d)any continuing treatment recommended.(iv) The first report of the treating specialist is due three months after the date of these orders;(v)John Peter Hart shall meet the costs of the treating specialist and any other required treatment or testing. 5.An order that John Peter Hart pay the Council's costs of these proceedings, as agreed or assessed 6.An order that these reasons for decision and orders be published.