Legal Services Commissioner v Miskell [2016] NSWCATOD 95

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Legal Services Commissioner v Miskell [2016] NSWCATOD 95 Hearing dates: 29 June 2016 Date of orders: 22 July 2016 Decision date: 22 July 2016 Jurisdiction: Occupational Division Before: S Westgarth, Deputy President D Fairlie Senior Member E Hayes, General Member Decision: (1) The respondent is guilty of professional misconduct in relation to grounds 1 and 2 of the application;

(2) The respondent is reprimanded;

(3) The respondent is to pay the costs of an incidental to the filing and hearing of the Application in the agreed sum of $2,000.00; and

(4) The Tribunal notes the respondent's undertaking to comply with the recommendations, medication and, if need be, treatment of a psychiatrist recommended by the respondent's doctor. Catchwords: Solicitor – disciplinary proceedings. Failure to comply with s 660 of the Legal Profession Act 2004. Instrument of Consent Legislation Cited: Legal Profession Act 2004 Legal Profession Uniform Law Act Cases Cited: Council of the New South Wales Bar Association v Berwick [2016] NSWCATOD 81 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 Law Society of NSW v Autore [2012] NSWADT 139 Council of the Law Society of NSW v Beazley [2014] NSWCATOD 147 Council of the Law Society of New South Wales v Tsalidis (3) [2012] NSWADT 229 Veghelyi v Council of the Law Society of New South Wales, unreported, Supreme Court 6 September 1989 Category: Principal judgment Parties: Legal Services Commissioner (Applicant) John Patrick Miskell (Respondent) Representation: Counsel: G Beauchamp (Respondent)