Aussel re McCaffery [2013] NSWADT 102

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Aussel re McCaffery [2013] NSWADT 102 Hearing dates: 17 April 2013 Decision date: 17 April 2013 Jurisdiction: Legal Services Division Before: Naida Isenberg, Judicial Member J Wakefield, Judicial Member C Bennett , Non-Judicial Member Decision: Under s.17(3)(c) Legal Profession Act 2004 the Tribunal approves Nicholas Luke McCaffery, being a person who has been convicted of a serious offence, as a lay associate within the meaning of section 7(2)(b) of the Act of Nicholas William Aussel, Solicitor, subject to the conditions set out in this decision. Catchwords: Solicitor - employment of former barrister as a lay associate Legislation Cited: Legal Profession Act 1987 Legal Profession Act, 2004 Crimes (Sentencing Procedure) Act, 1999 Cases Cited: Ziems v. The Prothonotary of the Supreme Court of NSW (1957) 97 CLR 279 Clyne v NSW Bar Association (1960) 104 CLR 186 Harvey v Law Society of NSW (1975) 49 AUR 362 Weaver v Law Society of NSW (1979) 142 CLR 201 NSW Bar Association v Evatt (1986) 117 CLR 177 Wentworth v NSW Bar Association (1992) 176 CLR 239 Law Society of NSW v Bannister NSWCA [1993] 4 LPDR 24 Connolly v Law Society of NSW [2000] NSWADT 82 Camille Edouard Dezarnaulds and Stephen Wawn v Law Society of New South Wales (unreported Spender AJ dated 27 June 1995) Category: Principal judgment Parties: N W Aussel (Applicant) Representation: Counsel C K Stewart (Applicant)) N W Aussel (Applicant) (Council of the Law Society of New South Wales assisting the Tribunal) File Number(s): 132003