Council of the New South Wales Bar Association v Asuzu (No 2) [2012] NSWADT 104

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Council of the New South Wales Bar Association v Asuzu (No 2) [2012] NSWADT 104 Hearing dates: 8 February 2012 and 16 May 2012 Decision date: 30 May 2012 Jurisdiction: Legal Services Division Before: S Norton, Judicial member R J Wright SC, Judicial member C Bennett, Non-Judicial member Decision: The Tribunal orders that the barrister be: i. Publicly reprimanded with respect to the professional misconduct found in relation to section 660. ii. Be fined the sum of $1,000 with respect to the professional misconduct found in relation to s660 and be given 12 months to pay. iii. Within 12 months of being issued with a practising certificate: a. Complete and provide evidence of completion of the first three modules of principles of risk management education workshop offered by LawCover. b. Complete and provide evidence of completion of a course in administrative law offered by the Legal Profession Admission Board or some other institution approved of by the Director, Professional Conduct. c. Sit and pass the bar exams in practice and procedure and evidence. iv. The first practising certificate issued after the making of these orders shall be subject to the following conditions: a. The barrister must not accept direct access briefs. b. The barrister enter into a mentoring agreement with a barrister and on terms both of which are approved by the Director of Professional Conduct. v. Liberty to apply in relation to these orders on 7 days notice in writing to the other party. vi. Barrister to pay 50% of the applicant's costs including reserved costs, as agreed or assessed. Catchwords: Professional misconduct - unsatisfactory professional conduct - protective orders. Legislation Cited: Legal Profession Act, 2004 (NSW). Cases Cited: Legal Services Commissioner v Knudsen (2000) NSW ADT 62 Council of the Law Society of New South Wales v Sheehan (No. 2) (2010) NSWADT 135 Council of the New South Wales Bar Association v Asuzu (2011) NSWADT 209 PM v Council of the New South Wales Bar Association (2005) NSWADT AP47 PM v New South Wales Bar Association (No. 2) (2006) NSWADT AP36 Category: Principal judgment Parties: Council of the New South Wales Bar Association (Applicant) Ignatius Nswafor Asuzu (Respondent) Representation: Counsel D A McLure (Applicant) Niger Delta Lawyers (Applicant) Hicksons Lawyers (Respondent) File Number(s): 092020, 102005