Legal Services Commissioner v Ge [2016] NSWCATOD 25

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Legal Services Commissioner v Ge [2016] NSWCATOD 25 Hearing dates: 25 January 2016 Date of orders: 29 February 2016 Decision date: 29 February 2016 Jurisdiction: Occupational Division Before: Cowdroy ADCJ, Principal Member S Hale, Senior Member E Hayes, General Member Decision: (1) A declaration that Chris Chen Yung Ge is guilty of professional misconduct in respect of each of the five grounds raised in the Application for Disciplinary Findings and Orders. (2) That Chris Chen Yung Ge be disqualified from holding any practising certificate for a period of two years commencing on 22 February 2016. (3) That from 22 February 2018, any practising certificate be endorsed with the condition that for the period of three years from 22 February 2018 or from the date when any application is made for such a certificate Chris Chen Yung Ge only practise as an employee of a solicitor holding an unrestricted practising certificate. (4) That Chris Chen Yung Ge pay the Commissioner's costs of and incidental to these proceedings as agreed or assessed. Catchwords: Solicitor - disciplinary proceedings - professional misconduct - disqualification - altering academic transcripts - order for costs Legislation Cited: Legal Profession Act 2004 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Legal Services Board v McGrath (2010) VSC 266 Legal Services Commissioner v Grosser (Legal Practice) [2014] VCAT 1533 Legal Services Commissioner v PFM (Legal Practice) 2013 VCAT 827. Legal Ombudsman v Skrekas [2004] VLPT18 Legal Services Commissioner v Spicehandler (Legal Practice) 2012 VCAT 630 Prothonotory of the Supreme Court of New South Wales v Hendrick Jan Van Es (unreported) 201 3/194440, 5 June 2014) Re Davis (1947) 75 CLR 409; [1947] HCA 53 Smith v The New South Wales Bar Association (1992) 176 CLR Southern Law Society of Tasmania v Westbrook (1910) 10 CLR 609 The Council of the Law Society of New South Wales v Foreman (1994) 34 NSWLR 408 Walker v The Council of Queensland Law Society Inc (1988) 62 ALJR 153 Webb v New South Wales Bar Association (1992) 176 CLR 239 Ziems v The Prothonotary of the Supreme Court of New South Wales (1957) 97 CLR 279 Category: Principal judgment Parties: Legal Services Commissioner (Applicant) Chris Cheng Yun Ge (Respondent) Representation: Solicitors: Legal Services Commissioner (Applicant) Bourke & Bourke Solicitors and Attorneys (Respondent) File Number(s): 1520174