NSW Caselaw
CITATION: Building Professionals Board v Cohen [2010] NSWADT 62
DIVISION: General Division
APPLICANT Building Professionals Board PARTIES: RESPONDENT Bernard Cohen
FILE NUMBER: 073165, 073166
HEARING DATES: 22 April 2009
SUBMISSIONS CLOSED: 17 September 2009
DATE OF DECISION: 8 March 2010
BEFORE: O'Connor K - DCJ (President); O'Carrigan P - Non-Judicial Member
CATCHWORDS: Accredited Certifier – Applications for Disciplinary Finding – Construction and Final Occupation Certificates – Fire Safety – Disability Access – Delegation of Final Inspection – Applicable Professional Standard at the time – Finding of Professional Misconduct – Building Professionals Act 2005
Building Professionals Act 2005 Building Professionals Regulation 2007 LEGISLATION CITED : Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Amendment (Quality of Construction) Act 2003 Environmental Planning and Assessment Regulation 2000
Briginshaw v Briginshaw (1938) 60 CLR 336 CASES CITED: Building Professionals Board v Boulle [2008] NSWADT 80 Building Professionals Board v Cogo [2008] NSWADT 119 Dix v Building Professionals Board [2009] NSWADT 46
APPLICANT A Grey, solicitor, Building Professionals Board REPRESENTATION: RESPONDENT G Butterfield, solicitor, Marsdens Law Group
073165, 073166 ORDERS: 1. The Tribunal finds the Respondent guilty of professional misconduct. 2. Registrar to fix a date for a directions hearing in relation to the Applicant's applications for disciplinary orders.
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