Council of the New South Wales Bar Association v Miller (No 2) [2012] NSWADT 129

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Council of the New South Wales Bar Association v Miller (No 2) [2012] NSWADT 129 Hearing dates: On the papers Decision date: 04 July 2012 Jurisdiction: Legal Services Division Before: M Chesterman, Deputy President L Robberds QC, Judicial Member C Bennett, Non-judicial Member Decision: 1. The name of the Respondent is to be removed from the local Roll. 2. The Respondent is to pay the Applicant's costs of and incidental to these proceedings. Catchwords: Disciplinary application - barrister - findings of professional misconduct and unsatisfactory professional conduct - whether removal of name from Roll is warranted - costs Legislation Cited: Administrative Decisions Tribunal Act 1997 Duties Act 1997 Legal Profession Act 1987 Legal Profession Act 2004 Cases Cited: Allinson v General Council of Medical Education and Registration [I894] 1 QB 750 Bar Association of NSW v Miller (No 2) [2011] NSWADT 148 Briginshaw v Briginshaw (1938) 60 CLR 336 Council of the Law Society of New South Wales v Rook [2011] NSWADT 191 Council of the Law Society of NSW v Treanor [2009] NSWADT 115 Council of the New South Wales Bar Association v Miller [2011] NSWADT 297 Council of the New South Wales Bar Association v Sahade [2007] NSWCA 145 Johns v Law Society of New South Wales [1982] 2 NSWLR 1 Kennedy v The Council of the Incorporated Law Institute of New South Wales (1939) 13 ALJ 563 Law Society of New South Wales v Harvey [1976] 2 NSWLR 154 Law Society of New South Wales v Moulton [1981] 2 NSWLR 736 Prothonotary of the Supreme Court of New South Wales v P [2003] NSWCA 320 A Solicitor v Council of the Law Society of New South Wales (2004) 216 CLR 253; [2004] HCA 1 Category: Consequential orders Parties: Council of the New South Wales Bar Association (Applicant) James Mathew Miller (Respondent) Representation: Counsel K Williams (Applicant) Eakin McCaffery Cox (Applicant) No appearance (Respondent) File Number(s): 112004, 112008