Dascalu v NSW Architects Registration Board [2012] NSWADT 213

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Dascalu v NSW Architects Registration Board [2012] NSWADT 213 Hearing dates: 12 October 2012 Decision date: 19 October 2012 Jurisdiction: General Division Before: Magistrate N Hennessy, Deputy President P O'Carrigan, Non-Judicial Member P Watts, Non-Judicial Member Decision: 1. The disciplinary finding of the NSW Architects Registration Board that Mr Dascalu is guilty of unsatisfactory professional conduct is affirmed. 2. The action taken by the NSW Architects Registration Board to caution Mr Dascalu is affirmed. 3. The application by the NSW Architects Registration Board for costs is refused. Catchwords: PROFESSIONAL DISCIPLINE - whether the word "should" in Architects Code of Conduct is mandatory - whether a caution is justified where there is non-compliance with a provision of the Code of Conduct relating to entering into a written agreement with a client - Costs Legislation Cited: Architects Act 2003 Architects Regulation 2012 Interpretation Act 1987 Administrative Decisions Tribunal Act 1997 Cases Cited: AT v Commissioner of Police (NSW) [2010] NSWCA 131 BHP Billiton Ltd v Parker [2012] SASCFC 73 Craig Williamson Pty Ltd v Barrowcliff [1915] VLR 450 Hirst v New South Wales Architects Registration Board [2008] NSWADT 12 South Australian Housing Trust v Development Assessment Commission (1994) 63 SASR 35 Category: Principal judgment Parties: Sorin Dascalu (Applicant) NSW Architects Registration Board (Respondent) Representation: Counsel TD Anderson (Applicant) P Griffin (Respondent) Denes Ebner Solicitors (Applicant) File Number(s): 123195