Council of the New South Wales Bar Association v BRJ [2015] NSWCATOD 73

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the New South Wales Bar Association v BRJ [2015] NSWCATOD 73 Hearing dates: 12, 13 February and 10 March 2015 Decision date: 16 July 2015 Jurisdiction: Occupational Division Before: L Robberds QC, Senior Member P Wass SC, Senior Member E Hayes, General Member Decision: 1. For the purposes of these proceedings the name of the respondent is anonymised as BRJ;

2. The disclosure of the respondent's name is prohibited;

3. Pursuant to section 64 of the Civil and Administrative Tribunal Act 2013, and subject to any further order of the Tribunal, access to and disclosure of documents and evidence filed with the Tribunal in this application be restricted to the Legal Services Commissioner, the parties and their respective legal representatives; and

4. The proceedings be listed before the Registrar so that evidence and submissions can be placed before the Tribunal so that it can determine whether an order should be made that the respondent pay the costs of the Council of the New South Wales Bar Association.

5. The application is otherwise dismissed. Catchwords: Unsatisfactory professional conduct – proposed consent orders – consent withdrawn – cognitive impairment at time of unsatisfactory professional conduct – what orders should be made – name of barrister anonymised Legislation Cited: Legal Profession Act 2004 Children and Young Persons (Care and Protection Act) 1998 Civil and Administrative Tribunal Act 2013 Cases Cited: NSW Bar Association v Butland [2008] NSWADT120 Legal Practitioners Conduct Board v Ardalich [2005] SASC 478 Prothonotary of the Supreme Court of New South Wales v McCaffery [2004] NSWCA470 Council of the NSW Bar Association v Power [2008] NSWCA135 Law Society of New South Wales v Foreman (1984) 34 NSWLR408 Category: Principal judgment Parties: Council of the New South Wales Bar Association (Applicant) BRJ (Respondent) Representation: Counsel: K.Williams (Applicant) G. Craddock SC (Respondent)