Council of the New South Wales Bar Association v Fitzgibbon (No. 4) [2012] NSWADT 145

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Council of the New South Wales Bar Association v Fitzgibbon (No. 4) [2012] NSWADT 145 Hearing dates: 4 July 2012 Decision date: 24 July 2012 Jurisdiction: Legal Services Division Before: S Norton SC, Judicial member R J Wright SC, Judicial member R Fitzgerald, Non-Judicial member Decision: The Tribunal orders that: i.The Respondent pay to the Complainant by way of compensation the sum of $13,500. ii.The Respondent cannot recover from the Complainant the sum of $3,800 in respect of which the Respondent rendered a tax invoice for legal services, but which sum remains unpaid. iii.The balance of the Application for Compensation be dismissed. The Respondent pay one half of the Complainant's costs of and incidental to this Application. Catchwords: Disciplinary action Barrister - claim for compensation by Complainant. Legislation Cited: Legal Profession Act, 2004 (NSW). Cases Cited: Council of the New South Wales Bar Association v Fitzgibbon (2012) NSWADT 56 Law Society of New South Wales v Vaughan (No. 2) (2011) NSWADT 260 Council of the Law Society of New South Wales v Doherty (No. 3) (2011) NSWADT 284 Law Society of New South Wales v Hill (2002) NSWADT 190 Legal Services Commission v Giovanni Pietro Bussa (2005) LPT 005 (QLD) Category: Consequential orders Parties: Bernard Hardt (Complainant) David Claude Fitzgibbon (Respondent) Representation: Counsel M S Jacobs QC (Respondent) T A Williams (Complainant) Carneys Lawyers (Respondent) File Number(s): 092042