Council of the New South Wales Bar Association v Quinlivan [2015] NSWCATOD 54

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the New South Wales Bar Association v Quinlivan [2015] NSWCATOD 54 Hearing dates: 25 and 26 November 2014 9 April 2015 Decision date: 04 June 2015 Before: W Haylen ADCJ, Principal Member L Robberds, Senior Member M Bolt, General Member Decision: The Tribunal makes the following orders: (a) Anthony Phillip Quinlivan is found guilty of professional misconduct.

(b) A local practising certificate shall not be issued to Anthony Phillip Quinlivan before 1st July 2015 and such local practising certificate, if it is issued, shall be limited to practise as an employed solicitor.

(c) A practising certificate to practise as a barrister shall not be issued to Anthony Phillip Quinlivan by the NSW Bar Council until he is able to establish that he has overcome his gambling addiction and has in operation financial arrangements securing the payment of his taxation obligations.

(d) Anthony Phillip Quinlivan is to pay the costs of the Council of the NSW Bar Association in relation to these proceedings. Catchwords: Legal Profession Act 2004 - professional misconduct – barrister addicted to gambling - failure to pay income tax when due - false tax declaration lodged with ATO understating income - failure to comply with conditions attached to practising certificate - failure to comply with s.660 Notice issued under Legal Profession Act - practitioner swore and filed untruthful affidavit in Tribunal - psychiatric evidence indicates good prospects of overcoming addiction - ongoing welfare best served by continuing therapy and adequate occupational functioning - offer to be engaged as employed solicitor - serious misconduct - arrangements made to deal with taxation debts Legislation Cited: Legal Profession Act 2004 Cases Cited: NSW Bar Association v Cummins (2001) 52 NSWLR 279 Legal Practitioners Board v Lind (2011) 110 SASR 531 Law Society of NSW v Grech [2006] NSWADT 73 Malfanti v Legal Profession Disciplinary Tribunal [1993] 1 LPDR 17 A solicitor v Council of the Law Society of NSW 216 CLR 253 Dawson v Law Society of NSW [1989] NSWCA 58 Law Society of NSW v Foreman (1994) 34 NSWLR 408. Category: Principal judgment Parties: Council of the New South Wales Bar Association ( Applicant) Anthony Philip Quinlivan (Respondent) Representation: Counsel: M Johnston (Applicant) T Lynch SC (Respondent)