Carney v Council of the New South Wales Bar Association [2009] NSWADT 275

CITATION: Carney v Council of the New South Wales Bar Association [2009] NSWADT 275

DIVISION: Legal Services Division

APPLICANT 1. Niall M Carney 2.Christopher M Adamson PARTIES: RESPONDENT 1. Council of the New South Wales Bar Association 2. Niall M Carney

FILE NUMBER: 062033, 072031

HEARING DATES: 23 and 24 February 2009

SUBMISSIONS CLOSED: 13 March 2009

DATE OF DECISION: 3 November 2009

BEFORE: ; Robberds L QC- Judicial Member; Bubniuk L - Non-Judicial Member

CATCHWORDS: Disciplinary proceedings - alleged breach Rule 35 - NSW Barristers' Rules - Council NSW Bar Association reprimand - review - setting aside Tribunal power to remit to administrator - publication of orders on website.

Legal Practitioners Act 2004 LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 New South Wales Barristers' Rules

CASES CITED: Clyne v. New South Wales Bar Association (1966) 104 CLR 186 The Port of Melbourne Authority v. Anshun Pty. Ltd. (1980-81) 147 CLR 589.

APPLICANT J Horowitz, barrister for Niall M Carney REPRESENTATION: Mr Adamson in person

RESPONDENT G Gregg, barrister

1. The decision of the Council of the New South Wales Bar Association made on 30 November 2006 that Niall Matthew Carney be reprimanded is set aside. ORDERS: 2. The Tribunal makes no order as to costs except that leave is granted to any party to list the matter before the Tribunal within 14 days on the question of costs. 3. The Council of the New South Wales Bar Association publish the above orders on its website within 14 days of the publication of these orders, together with a link, from the publication on that website of the resolution made on 30 November 2006 that Niall M Carney be reprimanded, to the publication of these orders.