Dona v Council of the Law Society of New South Wales [2014] NSWCA 444

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Dona v Council of the Law Society of New South Wales [2014] NSWCA 444 Hearing dates: 5 December 2014 Decision date: 19 December 2014 Before: Barrett JA at [1]; Emmett JA at [76]; Gleeson JA at [78] Decision: Appeal dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROFESSIONS AND TRADES - lawyers - unqualified persons - lay associates - appeal by lay associate against prohibiting order made by NCAT under Legal Profession Act 2004 (NSW) - where appellant was a "paralegal" held out as firm's "general manager - where a person referred by financial advisory firm was put through to the appellant upon contacting the firm seeking matrimonial, testamentary and investment advice - where the appellant prepared a loan agreement between that person as lender and himself as borrower, took it to her home and received a loan of $600,000 from her - whether the lay associate engaged in conduct that, if he were an Australian legal practitioner, would have constituted unsatisfactory professional conduct or professional misconduct - finding adverse to him in that respect upheld - whether the making of a prohibiting order was a disproportionately severe response to the conduct engaged in - held that it was not - observations on the structure of the disciplinary provisions concerning lay associates and the ability they create for the Law Society to fashion, on application, a regime for re-engagement appropriate to particular circumstances . Legislation Cited: Civil and Administrative Appeals Tribunal Act 2013 (NSW) Legal Profession Act 1987 (NSW) Legal Profession Act 2004 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Abdurahman v Field (1987) 8 NSWLR 158 Ex parte Dennis; Re the Legal Practitioners' Act (Court of Appeal (NSW), 23 December 1988, unrep) Ex parte Meehan; Re Medical Practitioners Act [1965] NSWR 30 Felix v General Dental Council [1960] AC 704 Galambos v Perez 2009 SCC 48; [2009] 3 SCR 247 John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd [2010] HCA 19; 241 CLR 1 Ko v Council of the Law Society of New South Wales [2011] NSWADT 211 Kyriackou v Law Institute of Victoria Limited [2014] VSCA 322 Law Society of New South Wales v Bonham [2008] NSWADT 55 Law Society of New South Wales v Harvey [1976] 2 NSWLR 154 Law Society of New South Wales v Rickard [2013] NSWADT 262 Miedzinski v Council of the Law Society of New South Wales [2007] NSWADT 268 Tyrell v Bank of London (1862) 10 HLC 26; 11 ER 934 Xu v Council of the Law Society of New South Wales [2009] NSWCA 430 Category: Principal judgment Parties: Noel Dona - Appellant Council of the Law Society of New South Wales - Respondent Representation: Counsel: Mr V R W Gray - Appellant Ms B Tronson - Respondent Solicitors: Corporate and Civil Legal - Appellant Anne-Marie Foord, Law Society of New South Wales - Respondent File Number(s): CA 2014/205623 Decision under appeal Citation: [2014] NSWCATOD 27 Date of Decision: 2014-04-03 00:00:00 Before: D Patten, Principal Member; S Hale, Senior Member; and E Hayes, General Member File Number(s): 132005