Legal Services Commissioner v Harb [2017] NSWCATOD 9

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Legal Services Commissioner v Harb [2017] NSWCATOD 9 Hearing dates: 26 October 2016 Date of orders: 16 January 2017 Decision date: 16 January 2017 Jurisdiction: Occupational Division Before: S Westgarth, Deputy President M Riordan, Senior Member E Hayes, General Member Decision: (1) The respondent is guilty of professional misconduct in relation to both grounds 1 and 2; (2) The respondent's name is to be removed from the roll of lawyers; and (3) The respondent is to pay the costs of the applicant as agreed or assessed Catchwords: Professional misconduct, inappropriate receipt and use of confidential and/or information protected by legal professional privilege Legislation Cited: Crimes Act 1900 Legal Profession Act 2004 Legal Profession Uniform Law Application Act 2014 Cases Cited: Allinson v General Council of Medical Education and Registration [1894] 1 QB 750 Coe v NSW Bar Association [2000] NSWCA 13 Esso Australia Resources v Commissioner of Taxation [1999] 201 CLR 49 Frugtniet v Board of Examiners [2005] VSC 332 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Kennedy v Council of the Incorporated Law Institute of New South Wales (1939) 13 ALJ 563 Law Society of New South Wales v Bannister (1993) LPDR 24 NSW Bar Association v Meakes [2006] NSWCA 340 Prothonotary of the Supreme Court of NSW v Dimitrious [2015] NSWCA 258 Category: Principal judgment Parties: Legal Services Commissioner (Applicant) Amir Paul Harb (Respondent) Representation: Counsel: S Haddad (Respondent)