Law Society of New South Wales v CQS [2016] NSWCATOD 100

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Law Society of New South Wales v CQS [2016] NSWCATOD 100 Hearing dates: 8 June 2016 Date of orders: 03 August 2016 Decision date: 03 August 2016 Jurisdiction: Occupational Division Before: K P O'Connor, AM, ADCJ, Deputy President J Pheils, Senior Member E Hayes, General Member Decision: The Tribunal finds the respondent guilty of unsatisfactory professional conduct. Pursuant to s 562(2)(d) of the Legal Profession Act 2004, the Tribunal orders that: (a) For a period of one year, any practising certificate issued by the Law Society of New South Wales to the Respondent be subject to the conditions that: (i) he not work as a sole practitioner, and (ii) he work as a principal under the supervision of a principal entitled to supervise others; and (b) For the currency of any practising certificate, the respondent submit reports every six months from his treating psychiatrist regarding his mental health and fitness to practise. Catchwords: PROFESSIONAL DISCIPLINE – Legal Profession – Conduct affected by mental illness – Finding of Unsatisfactory Professional Conduct – Appropriate approach to case involving mental illness or mental impairment - Conditions imposed on practising certificate. Legislation Cited: Legal Profession Uniform Law (NSW) No 16a Legal Profession Act 2004 Revised Professional Conduct and Practice Rules 1995 (Solicitors' Rules) NSW Professional Conduct and Practice Rules 2013 (Solicitors' Rules) Cases Cited: BRJ v Council of the New South Wales Bar Association [2016] NSWSC 146 Council of NSW Bar Association v Breeze [2015] NSWCATOD 152 Council of the New South Wales Bar Association v Kay [2009] NSWADT 139 New South Wales Bar Association v Cummins [2001] NSWCA 284; 52 NSWLR 279 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) CQS (Respondent) Representation: Counsel: C Groenewegen (Applicant)