Council of the New South Wales Bar Association v Barnett [2016] NSWCATOD 153

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the New South Wales Bar Association v Barnett [2016] NSWCATOD 153 Hearing dates: 13 July 2016 Date of orders: 09 December 2016 Decision date: 09 December 2016 Jurisdiction: Occupational Division Before: D Cowdroy ADCJ, Principal Member J Harris, Senior Member E Hayes, Senior Member Decision: The Tribunal finds that the respondent, by his conduct in failing to comply with the conditions attached to his practising certificate, has engaged in professional misconduct. Catchwords: CONDUCT – barrister failing to comply with conditions attached to Practising Certificate – conduct constituting professional misconduct Legislation Cited: Legal Profession Act 1987 Legal Profession Act 2004 Crimes Act 1914 Cases Cited: Council of the New South Wales Bar Association v Quinlivan [2015] NSWCATOD 54 Council of the New South Wales Bar Association v Archer (No 12) [2009] NSWADT 283 Davison v Council of the New South Wales Bar Association [2007] NSWCA 227 NSW Bar Association v Cummins (2001) 52 NSWLR 279 New South Wales Bar Association v Stevens [2003] NSWCA 261 New South Wales Bar Association v Murphy (2002) 55 NSWLR 23; [2002] NSWCA 138 Wardell v New South Wales Bar Association [2002] NSWSC 548 Legal Services Commissioner v Thurairajah [2011] NSWADT 287 Taikato v R (1996) 186 CLR 454 Category: Principal judgment Parties: Council of the NSW Bar Association (Applicant) James Edward Barnett (Respondent) Representation: Counsel: D A McLure SC (Applicant) P Boulten SC (Respondent) File Number(s): 1620055