Council of the New South Wales Bar Association v Berwick [2016] NSWCATOD 81

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the New South Wales Bar Association v Berwick [2016] NSWCATOD 81 Hearing dates: 23 May 2016 Date of orders: 23 June 2016 Decision date: 23 June 2016 Jurisdiction: Occupational Division Before: L P Robberds QC, Senior Member Dr J G Renwick SC, Senior Member M Bolt, General Member Decision: (1) The Tribunal finds that the respondent engaged in professional misconduct by his conduct set out in pars 42 and 81 of the Instrument of Consent.

(2) The Tribunal finds that the respondent engaged in unsatisfactory professional conduct by his conduct set out in par 82 of the Instrument of Consent.

(3) Pursuant to s 562 (2) (e) of the Legal Profession Act 2004, the Tribunal orders that the respondent be publicly reprimanded.

(4) The respondent pay the applicant's costs of the proceedings, including costs of the hearing before the Tribunal, agreed in the sum of $70,000 inclusive of all costs, disbursements and counsel's fees. Catchwords: Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate; CFMEU v Director Fair Work Building Industry Inspectorate (2015) 326 ALR 476 [2015] HCA 46 Council of the New South Wales Bar Association v Breeze [2015] NSWCATOD 152 Council of the New South Wales Bar Association v Butland [2009] NSWADT 177 Council of the New South Wales Bar Association v Costigan [2013] NSWCA 407 Law Society of New South Wales v Foreman (1994) 34 NSWLR 408 Legislation Cited: Fair Work Act 2009 (Cth) Legal Profession Act 2004 (NSW) Legal Profession Uniform Law (NSW) Cases Cited: Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate; CFMEU v Director Fair Work Building Industry Inspectorate (2015) 326 ALR 476 [2015] HCA 46 Council of the New South Wales Bar Association v Breeze [2015] NSWCATOD 152 Council of the New South Wales Bar Association v Butland [2009] NSWADT 177 Council of the New South Wales Bar Association v Costigan [2013] NSWCA 407 Law Society of New South Wales v Foreman (1994) 34 NSWLR 408 Texts Cited: Lawyers' Professional Responsibility – Dal Pont, 5th ed Solicitors Manual – the College of Law – vol 1 Category: Principal judgment Parties: Council of the New South Wales Bar Association (Applicant) Dr John Patrick Berwick (Respondent) Representation: Counsel: J Williams (Applicant) A C Harding (Respondent)