Donaghy v Council of the Law Society of NSW (No 3) [2014] NSWCATOD 32

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Donaghy v Council of the Law Society of NSW (No 3) [2014] NSWCATOD 32 Decision date: 09 April 2014 Jurisdiction: Occupational Division Before: G Mullane - Senior Member M Riordan - Senior Member J Butlin -General Member Decision: 1. The Decision of the Respondent of 1 September 2011 to reprimand the Applicant is set aside. 2. The matter is remitted to the Council of the Law Society of New South Wales for reconsideration of possible disciplinary proceedings. Catchwords: Solicitor -Review of reprimand under S.540 Legal Profession Act 2004 - tribunal not satisfied solicitor is "generally competent and diligent" - reprimand set aside. Matter remitted to decision maker for reconsideration of possible disciplinary proceedings. Legislation Cited: Legal Profession Act 2004 Administrative Decisions Tribunal Act 1997 Civil and Administrative Tribunal Act 2013 Cases Cited: Donaghy v The Legal Services Commissioner [2013] NSWCA 154; Re: Robb (1996) 134 FLR 294; Council of the Law Society of NSW v Beazley [2012] NSWADT153; Law Society of NSW v McCarthy (2003) NSWADT 58; Law Society of NSW v Davidson [2007] NSWADT 264; Donaghy v Legal Services Commissioner [2013] NSWADT 261; Donaghy v Legal Services Commissioner (No.2) [2014] NSWCATOD 1; Texts Cited: Riley's Solicitors Manual Category: Principal judgment Parties: Geoffrey James Donaghy (Applicant) Council of the Law Society of NSW (Respondent) Representation: Counsel C Webster, S.C, (for the Respondent) G Donaghy (Applicant in person by telephone) File Number(s): 132011