Legal Services Commissioner v Hurley [2009] NSWADT 125

CITATION: Legal Services Commissioner v Hurley [2009] NSWADT 125

DIVISION: Legal Services Division

APPLICANT Legal Services Commissioner PARTIES: RESPONDENT Brett William Hurley

FILE NUMBER: 082028

HEARING DATES: 12 May 2009

SUBMISSIONS CLOSED: 12 May 2009

DATE OF DECISION: 28 May 2009

BEFORE: Haylen W - J (Deputy President); Riordan M - Judicial Member; Bubniuk L - Non-Judicial Member

CATCHWORDS: Professional misconduct - solicitor involved in litigation as client - contacts opposing party regarding insurance file - impersonates solicitor acting for opposing party - attempt to obtain information for better discovery and/or to expose deliberate withholding of discoverable documents - further breach alleged of Rules 31 and 34.1 - deceptive and misleading conduct admitted - practicing certificate cancelled - conditions imposed on re-issuing of practicing certificate

LEGISLATION CITED : Legal Profession Act 2004 Solicitors Revised Professional Conduct and Practice Rules 1995

Allinson v General Council of Medical Education and Registration [1894] 1 KB 750 CASES CITED: Ex Parte Macaulay (1930) 30 SR NSW 193 at 193-4 Fraser v The Council of the Law Society of New South Wales [1992] NSWCA 72

APPLICANT N Beaumont, barrister REPRESENTATION: RESPONDENT M Cranitch SC

1. The respondent practitioner's practicing certificate shall be cancelled forthwith ORDERS: 2. The respondent practitioner may not apply to renew his practicing certificate before 1 July 2010 3. It shall be a condition of renewal of his practicing certificate that, prior to renewal, he undertakes and satisfactorily completes any course or programme concerning (a) management of stress in practising as a solicitor and (b) ethical practice as a solicitor that the Council of the Law Society of New South Wales nominates as being appropriate 4. The respondent practitioner is to pay the costs of the Legal Services Commissioner.