NSW Bar Association v Harkin [2015] NSWCATOD 111

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NSW Bar Association v Harkin [2015] NSWCATOD 111 Hearing dates: 1 September 2015 Date of orders: 13 October 2015 Decision date: 13 October 2015 Jurisdiction: Occupational Division Before: Acting Judge K P O'Connor, AM, Deputy President P Wass SC, Senior Member M Bolt, General Member Decision: 1.Under s 562 of the Legal Profession Act 2004, the Tribunal orders that the name of the respondent be removed from the local roll. 2.The Tribunal orders the respondent to pay the applicant's costs. Catchwords: PROFESSIONAL DISCIPLINE – Legal Profession – Barrister – Professional Misconduct – Practice without current professional indemnity cover – Practice without current practising certificate - Dealings with direct access clients – failures to provide costs disclosure statement – payments without receipts – non compliance with trust money rules – lodging statement of claim with no reasonable prospects of success – other matters – finding of professional misconduct – order for removal from roll. Legislation Cited: Civil and Administrative Tribunal Act 2013 Evidence Act 2005 Legal Profession Act 2004 Barristers Rules 2011 Civil and Administrative Tribunal Rules 2014 Cases Cited: A Solicitor v Council of the Law Society of NSW (2004) 216 CLR 253; [2004] HCA 1 Allinson v General Council of Medical Education [1894] 1 QB 750 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Council of the NSW Bar Association v Davison [2006] NSWSC 65 Council of the NSW Bar Association v Franklin (No 2) [2014] NSWCA 428 Council of the Law Society of NSW v Australian Injury Helpline Ltd (2008) 71 NSWLR 715 Feldman v Law Institute of Victoria [1998] 4 VR 324 Frugtniet v Board of Examiners (No 1) [2002] VSC 140 Frugtniet v Board of Examiners (No 2) [2005] VSC 332 Kekatos v Law Society of NSW [1999] NSWCA 288 Law Society of NSW v Foreman (1994) 34 NSWLR 408 New South Wales Bar Association v Cummins (2001) 52 NSWLR 279; [2001] NSWCA 284 Prothonotary of the Supreme Court of NSW v McCaffery [2004] NSWCA 470 Texts Cited: Edmonds, (2013) 39 Monash University Law Review 776 Category: Principal judgment Parties: Council of the New South Wales Bar Association (Applicant) David John Harkin (Respondent) Representation: Counsel: K Williams (Applicant) No appearance (Respondent) Solicitors: Hicksons Lawyers (Applicant) File Number(s): 1420223