Hutchinson v Legal Services Commissioner [2011] NSWADT 87

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Hutchinson v Legal Services Commissioner [2011] NSWADT 87 Hearing dates: 21 March 2011 Decision date: 29 April 2011 Before: M Chesterman, Deputy President D Fairlie, Judicial Member R Fitzgerald, Non-judicial Member Decision: The application is dismissed Catchwords: Solicitor - application to remove suspension of practising certificate Legislation Cited: Administrative Decisions Tribunal Act 1997 Bankruptcy Act 1966 (Cth) Legal Profession Act 1987 Legal Profession Act 2004 Cases Cited: New South Wales Bar Association v Cummins (2001) 52 NSWLR 279; [2001] NSWCA 284 New South Wales Bar Association v Murphy (2002) 55 NSWLR 23; [2002] NSWCA 138 Category: Principal judgment Parties: Nigel Henry Hutchinson (Applicant) Legal Services Commissioner (Respondent) Representation: C Webster (Respondent) Nigel Henry Hutchinson (Applicant - in person) File Number(s): 102030

Judgment

Introduction 1This decision relates to an Application by Nigel Henry Hutchinson, a solicitor, under section 70(3) of the Legal Profession Act 2004 ('the LP Act'). This provision forms part of Division 7 of Chapter 2 of this Act. In his Application, which was filed on 22 November 2010, Mr Hutchinson sought an order under section 70(4)(a) removing a suspension of his local practising certificate. 2This suspension occurred because he had notified the Council of the Law Society ('the Council') that he had become bankrupt some time earlier and the Council had not completed an investigation and made a determination, within a period stipulated by the LP Act, as to whether he was a fit and proper person to hold a local practising certificate. Section 70(1)(a) of the Act provides that in such circumstances the Legal Services Commissioner ('the Commissioner'), who is the Respondent in these proceedings, must take over the determination of that matter. Section 70(1)(b) provides that at that point of time the certificate of the practitioner concerned 'is suspended'. 3The hearing of this application took place before us on 21 March 2011. Mr Hutchinson represented himself and Ms Webster of counsel appeared for the Commissioner. An affidavit sworn by Mr Hutchinson on 19 November 2010 and a file containing copies of relevant documents in the Commissioner's possession were tendered and admitted. 4Before outlining the facts of this case, it is convenient to set out the somewhat complex provisions of the LP Act that need to be considered and to indicate briefly the nature of the jurisdiction being exercised by the Tribunal.