Legal Services Commissioner v Wen [2016] NSWCATOD 36

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Legal Services Commissioner v Wen [2016] NSWCATOD 36 Hearing dates: 19 October 2015 and 9 December 2015 Date of orders: 04 April 2016 Decision date: 04 April 2016 Jurisdiction: Occupational Division Before: Acting Judge K P O'Connor, AM, Deputy President M Riordan, Senior Member M Bolt, General Member Decision: (a) The Tribunal finds the respondent guilty of professional misconduct. The Tribunal orders that: 1. The respondent's practising certificate is suspended for a period of 3 months, the suspension to take effect not later than seven days from the date of these orders. 2. The respondent's further practising certificate is to be endorsed with a condition that within a period of 6 months from the date of these orders he is required to undertake a course in legal ethics that is approved by the Manager of Professional Standards of the Law Society of New South Wales. 3. Upon completion of that course, the Respondent is required to submit a certificate of completion to the Manager of Professional Standards of the Law Society of New South Wales. 4. If the respondent fails, without a reasonable excuse, to complete that course his practising certificate shall be suspended and the suspension shall remain in place until such time as he completes the course and provides a certificate of completion to the Law Society. (b) The respondent to pay the applicant's costs, as agreed or assessed. Catchwords: PROFESSIONAL DISCIPLINE – Legal Practitioner – Forgery of deponent's signature, false attestation and lodgment of false affidavit with court – finding of professional misconduct – disciplinary order – whether strike off an appropriate order – offence committed by new practitioner - less severe order sufficient in circumstances. Legislation Cited: Legal Profession Act 2004 Cases Cited: A Solicitor v Council of the Law Society of NSW (2003) 216 CLR 253 Ex parte Lenehan (1948) 77 CLR 403 Law Society of NSW v Byrnes [2000] NSWADT 20 Law Society of New South Wales v Hooper [2005] NSWADT 174 Law Society of New South Wales v Stanoevski [2003] NSWADT 77 Law Society of New South Wales v Young [1999] NSWADT 78 Law Society of New South Wales v Young (LSD) [2001] NSWADTAP 17 Legal Services Commissioner v Walters [2007] QLPT 6 New South Wales Bar Association v Evatt (1968) 117 CLR 177 NSW Bar Association v Kalaf, unreported, NSWCA, 11 October 1988 Prothonotary of the Supreme Court of New South Wales v Farran [2003] NSWCA 372 Prothonotary of the Supreme Court of New South Wales v Richard, unreported, CA, 31 July 1987; (1987) NSWJB 147 Category: Principal judgment Parties: Legal Services Commissioner (Applicant) Ya Nan Wen (Respondent) Representation: Counsel: J Johnson (Respondent) – Day 2