Council of the New South Wales Bar Association v Fitzgibbon [2012] NSWADT 56

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Council of the New South Wales Bar Association v Fitzgibbon [2012] NSWADT 56 Hearing dates: 14 and 15 March 2012 Decision date: 27 March 2012 Jurisdiction: Legal Services Division Before: S Norton SC, Judicial member R Wright, Judicial member R Fitzgerald, Non-Judicial member Decision: 1.The Tribunal makes a finding of unsatisfactory professional conduct by the respondent with respect to the matters contained in Ground 1 of the application. 2.Ground 2 of the application dismissed. 3.Applicant to file and serve any further affidavits on which it intends to rely in relation to appropriate orders on or before 17 April 2012. 4.Respondent to file and serve any further affidavits upon which he intends to rely in relation to appropriate orders on or before 8 May 2012. 5.Applicant to file and serve any affidavits in reply on or before 15 May 2012. 6.The matter is relisted for directions at 16 May 2012 at 9.30am with a view to being set down for hearing on the appropriate orders to be made by the Tribunal at that time. Catchwords: Disciplinary action unsatisfactory professional conduct Legislation Cited: Legal Profession Act 2004 Protection of the Environment Operations Act, 1997 Environmental Planning & Assessment Act Cases Cited: Hardt v Environment Protection Authority 3255/2007 Council of the New South Wales Bar Association v Asuzu [2011] NSWADT 209. New South Wales Bar Association v Bland (2010) NSWAD 34 at 185. Fitzgibbon v Council of the New South Wales Bar Association (2011) NSWCA 165 at 14-16. New South Wales Bar Association v Butland (2008) NSWADT 120 at 37. Category: Principal judgment Parties: Council of the Bar Association of NSW (Applicant) David Claude Fitzgibbon (Respondent) Representation: Counsel CA Webster (Applicant) MS Jacobs QC (Respondent) Hicksons Lawyers (Applicant) Carneys Lawyers (Respondent) File Number(s): 092042