Council of the Law Society of NSW v Chau [2011] NSWADT 271

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Chau [2011] NSWADT 271 Hearing dates: 21 September 2011 Decision date: 21 September 2011 Jurisdiction: Legal Services Division Before: M Riordan (Judicial Member) S Hale (Judicial Member) C Bennett (Non Judicial Member) Decision: 1.The Solicitor has engaged in Professional Misconduct. 2.The Solicitor is reprimanded. 3.The Solicitor is to pay a fine of $3,000 within six (6) months of 21 September 2011. 4.The solicitor is to pay the Applicant's costs, as agreed or assessed. Catchwords: Solicitor - disciplinary application - professional misconduct - falsely purporting to witness deponent's signature to an Affidavit - Instrument of Consent - Approval with amendments. Legislation Cited: Legal Profession Act 2004 Cases Cited: Allinson v General Council of Medical Education and Registration, [1894] QBD 750 at 768 Fraser v The Law Society, [1992] NSWLST 6 Council of the Law Society of NSW v Ly, [2011] NSWADT 210 Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534 Norbis v Norbis [1986] HCA 17; (1986) 161 CLR 513 Texts Cited: Report of Committee on Costs in Criminal Cases (NZ), (1966), par.30 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Michael Chau (Respondent) Representation: Counsel P Griffin (Respondent) Council of the Law Society of NSW (Applicant) Office of the Legal Services Commissioner (Respondent) File Number(s): 112002