Council of the New South Wales Bar Association v Fitzgibbon (No. 3) [2012] NSWADT 148

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Council of the New South Wales Bar Association v Fitzgibbon (No. 3) [2012] NSWADT 148 Hearing dates: 4 July 2012 Decision date: 27 July 2012 Jurisdiction: Legal Services Division Before: S Norton SC, Judicial member R J Wright SC, Judicial member F Fitzgerald, Non-Judicial member Decision: The Tribunal orders: i. That the Barrister be publicly reprimanded with respect to the unsatisfactory professional conduct found in relation to the first ground in the application. ii. Should the practitioner be issued with a practising certificate it will be subject to the following condition. The barrister shall not advise with respect to, or appear in: a. Any appeal from the Local Court, District Court, Supreme Court or Federal Court; b. Any matter in the Land & Environment Court; c. Any matter in the Court of Appeal or Court of Criminal Appeal; and d. Any matter in the High Court, Without being led by senior counsel and this condition is to be disclosed to any prospective client and instructing solicitor. iii. The barrister is to pay all of the costs in the interlocutory application which was dismissed, counsel of the Bar Association of New South Wales v Fitzgibbon (2010) NSWADT 291 and to pay 75% of the Applicant's costs, as agreed or assessed, on the balance of these proceedings. Catchwords: Professional misconduct - unsatisfactory professional conduct - protective orders. Legislation Cited: Legal Profession Act, 2004 (NSW). Cases Cited: Council of the New South Wales Bar Association v Fitzgibbon (2010) NSWADT 291. Council of the New South Wales Bar Association v David Claude Fitzgibbon (No. 2). Category: Principal judgment Parties: Council of the New South Wales Bar Association (Applicant) David Claude Fitzgibbon (Respondent) Representation: Counsel C A Webster (Applicant) M S Jacobs QC (Respondent) Hicksons Lawyers (Applicant) Carneys Lawyers (Respondent) File Number(s): 092042