Legal Services Commissioner v Byrne [2016] NSWCATOD 166

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Legal Services Commissioner v Byrne [2016] NSWCATOD 166 Hearing dates: 21 March 2016 Date of orders: 21 March 2016 Decision date: 21 March 2016 Jurisdiction: Occupational Division Before: Mullane ADCJ, Principal Member D Fairlie, Senior Member E Hayes, General Member Decision: (1) The respondent, Hugh James Byrne, is guilty of professional misconduct in each proceeding. (2) The name of the respondent is to be removed from the roll of solicitors. (3) In the matter 1520116 the respondent must pay the costs of the Legal Services Commissioner of or incidental to the proceedings as agreed or as assessed. (4) In each of matters number 1420166 and 1520188 the respondent must pay the costs of the Law Society of NSW of or incidental to the proceedings as agreed or assessed Catchwords: Solicitor, Disciplinary proceedings, Failure to inform client, failure to obtain instructions, failing to provide documents to client, failing to tell client hearing date, appearing without instructions, misleading client as to amount of settlement, failing to respond to client's correspondence, incompetence and dishonesty. Professional misconduct. Legislation Cited: Legal Profession Act 2004; Cases Cited: Legal Services Tribunal in the matter of Hugh James Byrne and the Legal Profession Act (1987) (23 November 1995 – unreported); Legal Services Commissioner Byrne [2000] NSW ADT 70 (31 May 2000); BRJ v Council of the NSW Bar Association [2016] [NSWSC 146; Allinson v General Council for Medical Education and Registration [1894] 1 QB 750 Category: Principal judgment Parties: Legal Services Commissioner (Applicant) Hugh James Byrne (Respondent) Representation: Counsel: G Miller (Applicant)