Council of the Law Society of NSW v Carney [2016] NSWCATOD 103

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Carney [2016] NSWCATOD 103 Hearing dates: 23 June 2016 Date of orders: 10 August 2016 Decision date: 10 August 2016 Jurisdiction: Occupational Division Before: Cowdroy QC ADCJ, Principal Member M Riordan, Senior Member E Hayes, General Member Decision: (1) The Solicitor be reprimanded. (2) No Practising Certificate (including renewal) should be issued to the Solicitor until she has produced to the Society, at her own expense, a report from a psychiatrist confirming that she is fit to practise and if so, on what basis. The psychiatrist is to be nominated by the Solicitor and agreed to by the Society and must not be related to the Solicitor by marriage, family or other pre-existing association or connection. (3) For a period of 2 years after the solicitor is issued with a Practising Certificate (following compliance with order 2 above), the Solicitor is: (a) To be issued with a Practising Certificate entitling her to practice only as an employed solicitor. (b) To be supervised by a law practice (including any unrestricted principal(s) charged with supervising her) not connected with her by marriage, family or other pre-existing association or connection. (c) To notify her employer of the conditions imposed on her Practising Certificate. (d) To provide to the Society each 6 months and at her own expense a further report from the psychiatrist that confirms that she remains fit to practice and on what, if any, basis. (4) The Solicitor is to pay the Society's costs as agreed or assessed. Catchwords: Solicitor – Disciplinary application – Professional Misconduct – Consequential orders Legislation Cited: Legal Profession Act 2004 Legal Profession Uniform Law Application Act 2014 (NSW) Legal Profession Uniform Law Application Legislation Amendment Act 2015 Interpretation of Legislation Act 1984 (Vic) Civil and Administrative Tribunal Act 2013 (No. 2) Legal Profession Regulation – 2005 Cases Cited: Allinson v General Council of Medical Education and Registration [1894] 1 QB 750 at 763 Re Clayton (1961) SR 132 Bechara v Legal Services Commissioner 79 NSWLR 763 Brereton v Legal Services Commissioner [2010] VSC 378 at [24] Briginshaw v Briginshaw (1938) 60 CLR 336 at 361-363 Council of the New South Wales Bar Association v Perry [2007] NSWCA 111 at [20] Coe v NSW Bar Association [2000] NSWCA 13 at [21] Council of the Law Society of NSW v Hancock (No 2) [2013] NSWADT 180 Council of the Law Society of New South Wales v Clapin [2011] NSWADT 83 Council of the Law Society of New South Wales v Coombes [2015] NSWCATOD 108 at [36-43] Council of the Law Society of New South Wales v Hinde [2011] NSWADT 20 at [33] Council of the NSW Bar Association v Power [2008] 71 NSWLR 451; [2008] NSWCA 135 Council of the New South Wales Bar Association v Asuzu [2011] NSWADT 209 at [34] Council of the New South Wales Bar Association v Costigan [2013] NSWCA 407 Dupal v Law Society of New South Wales [1990] NSWCA 56 at 60, 64 Health Care Complaints Commission v Wingate [2007] 70 NSWLR 323 Kennedy v The Council of the Incorporated Law Institute of New South Wales (1939) 13 ALJR 563 Law Society of New South Wales v Walsh [1997] NSWCA 185 Law Society of NSW v Shehadie [2016] NSWCATOD 46 Law Society of New South Wales v Foreman [1994] 34 NSWLR 408 at 441 Law Society of New South Wales v Foreman [1991] 24 NSWLR 238 Law Society of New South Wales v Moulton [1981] 2 NSWLR 736 Legal Practitioners Conduct Board v Hay (2001) 83 SASR 454 Mee Ling v Law Society of New South Wales [1974] 1 NSWLR 490 at 497 NSW Bar Association v Meakes [2006] NSWCA 340 at [70], [107] New South Wales Bar Association v Livesey [1982] 2 NSWLR 231 O'Reilly v Law Society of New South Wales [1988] 24 NSWLR 204 at 211, 224-225 Peters v R (1998) 192 CLR 493 Prothonotary of the Supreme Court of New South Wales v McCaffery [2004] NSWCA 470 R v Kelly (Edward) [2000] 1 QB 198 at 208 Re Lenehan (1949) 77 CLR 403 at 422; [1948] HCA 45 Re Veron; ex parte Law Society of New South Wales [1966] 1 NSWR 511 at 515 Re Walker; Ex parte Kemp (1887) 3 WN (NSW) 123 Smith v New South Wales Bar Association (1992) 176 CLR 256 at 270 South Western Sydney Area Health Service v Edmonds [2007] NSWCA 16 The Council of the New South Wales Bar Association V Sahade [2007] NSWCA 145 at [54] Wade v Licardy [1993] 33 NSWLR 1 Ziems v Prothonotary of the Supreme Court of NSW (1957) 97 CLR 279 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Catherine Eve Carney (Respondent) Representation: Counsel: G Johnson (Applicant) J Giles SC (Respondent) File Number(s): 1620034