Council of the Law Society of NSW v Webber [2014] NSWCATOD 105

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Webber [2014] NSWCATOD 105 Hearing dates: 25/07/2014 Decision date: 24 September 2014 Jurisdiction: Occupational Division Before: M Riordan, Senior Member D Fairlie, Senior Member E Hayes, General Member Decision: 1. The Solicitor is guilty of unsatisfactory professional conduct. 2. The Solicitor is reprimanded. 3. The Solicitor is to pay the Law Society's costs, as agreed or assessed. Catchwords: Disciplinary application - solicitor - unsatisfactory professional conduct - breach of Section 275 of the Legal Profession Act (NSW) 2004 Legislation Cited: Legal Profession Act (NSW) 2004 Cases Cited: Legal Services Commissioner v Canals [2008] VCAT 576; Xu v Council of the Law Society of NSW [2009] NSWCA 430 Category: Principal judgment Parties: The Council of the Law Society of NSW (Applicant) Helen Christina Webber (Respondent) Representation: Counsel P Coleman SC (Respondent) C Groenewegen (Applicant) File Number(s): 14200129

reasons for decision

Introduction 1On 12 March 2014, the Council of the Law Society of New South Wales ('the Law Society') filed in the Administrative Decisions Tribunal an Application claiming that the Respondent, Helen Christina Webber ('the Solicitor') was guilty of unsatisfactory professional misconduct. 2The orders sought in the Application were as follows:- (1)The Solicitor be reprimanded (2)The Solicitor be fined (3)The Solicitor pay the costs of the Law Society; and (4)Any other orders as the Tribunal deems appropriate. 3The Application alleged a single ground, namely that the Solicitor is guilty of professional misconduct because she breached Section 275 of the Legal Profession Act 2004 NSW.