Barakat v The Law Society of New South Wales [2014] NSWSC 773

Supreme Court New South Wales

Medium Neutral Citation: Barakat v The Law Society of New South Wales [2014] NSWSC 773 Hearing dates: 4 June 2014 Decision date: 11 June 2014 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) The appeal by Tony Barakat from the decision of the Council of the Law Society refusing him a practising certificate for the period 1 July 2013 to 30 June 2014 be allowed. (2) The decision of the Council of the Law Society of New South Wales to refuse Tony Barakat a practising certificate for the period 1 July 2013 to 30 June 2014 be set aside. (3) The Council of the Law Society issue to Tony Barakat an unrestricted Practising Certificate entitling him to practise as a solicitor and barrister for the period 1 July 2013 to 30 June 2014. (4) The appeal by Scott John Roulstone from the decision of the Council of the Law Society of New South Wales refusing him a practising certificate for the period 1 July 2013 to 30 June 2014 be allowed. (5) The decision of the Council of the Law Society of NSW to refuse Scott John Roulstone a practising certificate for the period 1 July 2013 to 30 June 2014 be set aside. (6) The Council of the Law Society issue to Scott John Roulstone an unrestricted practising certificate entitling him to practise as a solicitor and barrister for the period 1 July 2013 to 30 June 2014. (7) Order the defendant to pay the plaintiffs' costs of the proceedings. (8) Dismiss the plaintiffs' application for indemnity costs. Catchwords: LEGAL PRACTITIONERS - practising certificate - whether legal practitioner whose practising certificate is suspended can apply for a renewal - fit and proper person - practitioner facing potential insolvency - disposition of funds and assets - whether conduct dishonest - whether conduct showed reckless disregard for interests of creditors - relevance of acting on advice. Legislation Cited: - Bankruptcy Act 1966 (Cth), Part X, s 73, s 74, s 141 - Legal Profession Act 1987 (NSW), s 38FC - Legal Profession Act 2004 (NSW),s 4, s 5, s 6, s 9, s 14, s 42, s 43, s 48, s 68, s 72, s 108, s 548 - Legal Profession Regulations 2005 (NSW), r 12 Cases Cited: - Barakat v Bazdarova [2012] NSWCA140 - Barakat v Law Society of NSW [2013] NSWADT 271 - County Securities Pty Ltd v Challenger Group Holdings Pty Ltd (No 2) [2008] NSWCA 273 - Meredith v Legal Profession Admission Board of NSW [2008] NSWSC 1170 - New South Wales Bar Association v Cummins [2001] NSWCA 284; 52 NSWLR 279 - New South Wales Bar Association v Murphy [2002] NSWCA 138; 55 NSWLR 23 - Regency Media Pty Ltd v AAV Australia Pty Ltd [2009] NSWCA 368 - Roulstone v Law Society of NSW [2013] NSWADT 272 - Veghelyi v Council of the Law Society of New South Wales (1989) 17 NSWLR 669 - Wardell v New South Wales Bar Association [2002] NSWSC 548 - Ziems v Prothonotary of the Supreme Court of New South Wales [1957] HCA 46; 97 CLR 279 Category: Principal judgment Parties: Tony Barakat (First Plaintiff) Scott John Roulstone (Second Plaintiff) The Law Society of New South Wales (Defendant) Representation: Counsel: T.M. Lynch SC, A. Vernier (Plaintiffs) C.A. Webster SC, P. Maddigan (Defendant) Solicitors: T.A. Williams (Plaintiffs) Louis Pierotti (Defendant) File Number(s): 2013/258390