Council of the Law Society of NSW v Orford [2016] NSWCATOD 22

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Orford [2016] NSWCATOD 22 Hearing dates: 26 27 and 28 October 2015 Date of orders: 26 February 2016 Decision date: 26 February 2016 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President N Isenberg, Senior Member Emeritus Professor R Fitzgerald, General Member Decision: 1. The solicitor is guilty of professional misconduct. 2. The matter is to be re-listed for a hearing on penalty at a date and time to be notified by the Registrar. Catchwords: ADMINISTRATIVE LAW – Civil and Administrative Tribunal Act 2013 – Where solicitor admits he is guilty of professional misconduct in respect of certification of a Memorandum of Transfer. Where it is alleged solicitor failed to provide advice in respect of Certificate under s 66W of the Conveyancing Act 1919 (NSW), where asserted solicitor inappropriately released Certificate of Title, twice falsely certified Memorandum of transfer and/or failed to check transfer was properly executed at or before settlement. Where it is further asserted solicitor made false statements to another practitioner and inspectors appointed by the Law Society of NSW. Professional misconduct established. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Conveyancing Act 1919 (NSW) Legal Profession Act 1987 (NSW) Legal Profession (Amendment) Act 2006 (NSW) Legal Profession Act 2004 (NSW) Legal Profession Uniform Law (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Legal Profession Uniform Law Application Act 2014 (Vic) Real Property Act 1900 (NSW) Cases Cited: Briginshaw v Briginshaw [1938]HCA34; (1938) 60 CLR 336 Council of the law Society v Chau [2011] NSWADT 271 Equiticorp Finance Ltd (in Liq) v Bank of New Zealand (1993) 32 NSWLR 50 Fraser v Health Care Complaints Commissions [2015} NSWCA 482 Johns v Law Society of NSW (1982) 2 NSWLR 1 King v HCCC [2011] NSWCA 353 Murphy v Farmer (1988)165 CLR 19 State Bank of NSW v Yee (1994) 33 NSWLR 618 Walsh v Law Society of NSW [1999] HCA 33; (1999) 198 CLR 73 Xu v Council for the Law Society of NSW [2009] NSWCA 430 Category: Principal judgment Parties: The Council of the Law Society of New South Wales (Applicant) John Laurence Orford (Respondent) Representation: Counsel: C Webster SC with P Maddigan (Applicant) D Lloyd with R Withana (Respondent)