Council of the New South Wales Bar Association v Nash [2012] NSWADT 220

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Council of the New South Wales Bar Association v Nash [2012] NSWADT 220 Hearing dates: 4, 5, 6, 7 and 12 June 2012 Decision date: 29 October 2012 Jurisdiction: Legal Services Division Before: P Blacket SC - Judicial Member R J Wright SC - Judicial Member J Tingle - Non-judicial Member Decision: The Tribunal: 1. Finds that the Respondent has engaged in professional misconduct on the bases set out in Grounds 1(b), 1(c) and 1(d) in the Amended Application for Original Decision. 2. Otherwise dismisses the Amended Application for Original Decision. 3. Stands the matter over to 7 November 2012 at 9.30am for directions for the preparation of the matter for hearing as to the appropriate relief. Catchwords: Legal Practitioners - Disciplinary Proceedings - Barrister - Professional Misconduct - Giving knowingly false evidence Legislation Cited: Legal Profession Act 2004 (NSW) Administrative Decisions Tribunal Act 1997 (NSW) Evidence Act 1995 (NSW) Cases Cited: Sudath v Health Care Complaints Commission [2012] NSWCA 171 Briginshaw v Briginshaw (1938) 60 CLR 336 NSW Bar Association v Cummins (2001) 52 NSWLR 279 Coe v NSW Bar Association [2000] NSWCA 13 Category: Principal judgment Parties: Council of the Bar Association of New South Wales (Applicant) Christine Nash (Respondent) Representation: Counsel M Johnston (Applicant) P Taylor SC and A Horvath (Respondent) Hicksons (Applicant) Moray & Agnew (Respondent) File Number(s): 112007