Azzi v Bar Association of NSW [2012] NSWADT 226

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Azzi v Bar Association of NSW [2012] NSWADT 226 Hearing dates: 19 March 2012 Decision date: 19 March 2012 Jurisdiction: Legal Services Division Before: S Norton, SC Judicial member R Wright, Judicial member J Butlin, Non-Judicial member Decision: The Tribunal orders : 1. The Respondent be publicly reprimanded. 2.The first practising certificate issued to the Respondent after the date of these orders shall be subject to the following conditions: 1. Supervision The holder of this certificate (the "Holder") must undergo one year of supervision (the "Supervision Period") under the supervision of a senior or junior counsel nominated by the Bar Council (the Supervisor") who is to be made aware of these proceedings. 2.Obligations during the Supervision Period During the Supervision Period, the Holder must do the following: (a) attend (at his cost) and satisfactorily complete the Australian Bar Association course in Essential Trial Advocacy or an equivalent course of study approved by the Bar Council. (b) study under the Supervisor including reading and discussing briefs with the Supervisor. (c) attend on the Supervisor at least once per calendar month who shall be required to report to the Bar Council as to the holder's competence on a quarterly basis. 3. Direct client access prohibition during the Supervision Period. The Holder must not accept or undertake work on a direct access basis during the Supervision period. (b) if the first practising certificate issued to the Respondent after the date of these orders is subject to any condition in addition to those referred to in 2(a) above (including the conditions ordinarily applied to practising certificates issued to Parliamentary Counsel or Academic Barristers), then the first practising certificate issued to the Respondent which is not subject to those additional conditions shall be subject to conditions 1, 2(b), 2(c) and 3 referred to in 2(a) above. 3. Each party shall pay their own costs. Catchwords: Unsatisfactory Professional Conduct Legislation Cited: Legal Profession Act 2004 Category: Principal judgment Parties: New South Wales Bar Association (Applicant) John George Azzi (Respondent) Representation: Counsel Mr Webb QC, (Respondent) Eakin McCaffrey Cox (Applicant) Carter Newell Lawyers (Respondent) File Number(s): 112003