Council of the New South Wales Bar Association v Ghabrial [2010] NSWADT 306

CITATION: Council of the New South Wales Bar Association v Ghabrial [2010] NSWADT 306

DIVISION: Legal Services Division

APPLICANT Council of the New South Wales Bar Association PARTIES: RESPONDENT Jehane Isabelle Ghabrial

FILE NUMBER: 102004

HEARING DATES: 22 and 23 November 2010

SUBMISSIONS CLOSED: 23 November 2010

DATE OF DECISION: 24 December 2010

BEFORE: Patten D - Deputy President; Blacket P SC - Judical Member; Fitzgerald R - Non-Judicial Member

CATCHWORDS: Email alleged to constitute professional misconduct - interpretation contended for not proved

LEGISLATION CITED : Crimes Act 1900 Legal Profession Act 2004

Briginshaw v Briginshaw (1938) 60 CLR 336 CASES CITED: McAuliffe v The Queen [1995] 183 CLR 108 The Queen v Barlow [1996-1997] 188 CLR 1 The Queen v Keenan [2008] 236 CLR 397

J Giles, barrister REPRESENTATION: P Morris SC

1. Application dismissed. ORDERS: 2. Subject to 3, no order as to costs. 3. Leave to each party to apply for an order for costs by lodging and serving submissions in support thereof with the Tribunal within 30 days. Any such submission may be answered by the opposing party within a further 21 days. Thereafter the matter to be decided on the papers.

REASONS FOR DECISION

1 By its Amended Application in this case, the applicant seeks a finding that the respondent, a barrister, be found guilty of professional misconduct and as a consequence the making of one or more of the orders provided for in s 562 of the Legal Profession Act 2004 (the Act).