Council of the Law Society of New South Wales v CZD [2017] NSWCATOD 31

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v CZD [2017] NSWCATOD 31 Hearing dates: By way of written submissions of 4 November 2016, 23 December 2016 and 7 February 2017. Matter determined "on the papers". Date of orders: 28 February 2017 Decision date: 03 March 2017 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Decision: 1. Pending the hearing of the substantive proceedings no report of these proceedings except this decision shall be published to any person. 2. Paragraphs 2, 3, 5, and 6 of the application for interim orders filed on 27 October 2016 are stood over to the substantive hearing. 3. The application for interim orders filed on 27 October 2016 is otherwise dismissed. Catchwords: PROFESSIONS AND TRADES – where legal practitioner is subject of unheard disciplinary action - where practitioner has filed a Reply in which she concedes unsatisfactory professional conduct but not professional misconduct - where practitioner seeks interim orders that the substantive hearing be held wholly in private, or partly in private – where practitioner seeks an order that prohibits publication of her name in all future Tribunal listings - where practitioner seeks non- disclosure of her husband's name, her name or anything that identifies her, her law firm, her partner or any employed solicitor who works for the law firm – where practitioner further seeks that there shall be no publication or broadcast of any reports of the proceedings. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Amendment Act 2013 (repealed) Civil and Administrative Tribunal Rules 2014 Legal Profession Act 2004 (repealed) Legal Profession Uniform Act 2014 (NSW) (the Uniform Law) Legal Profession Uniform Law (NSW) (the Uniform Law) Health Practitioner Regulation National Law (NSW) (the National Law) Court Suppression and Non-publication Orders Act 2010 (NSW) Administrative Decisions Tribunal Act 1997 (NSW) (repealed) Cases Cited: Anon 2 v XZY [2008] VSC 466 Griffin v Law Society of NSW [2016] NSWCA 364 Health Care Complaints Commission v Astor-Finn [2016] NSWCATOD 73 Health Care Complaints Commission v Dr CRF [2016] NSWCATOD 120 Health Care Complaints Commission v Vo [2014] NSWCATOD 127 John Fairfax Group Pty Ltd (receivers and managers appointed) & Anor v Local Court of New South Wales & ors (1991 - 1992) 26 NSWLR 131 John Fairfax and Sons Limited v Police Tribunal (1986) 5 NSWLR 465 Merrilyn Walton v Alexander Sergevich Momot and Anor [1997] NSWSC 143 New South Wales Bar Association v Tedeschi (No 3) NSWADT 174 Rinehart v Welker [2011] NSWCA 403 State of New South Wales (Justice Health) and anor v Defouli [2008] NSWADTAP 69 Category: Procedural and other rulings Parties: Council of the Law Society of New South Wales (Applicant) CZD (Respondent) Representation: Counsel: B Tronson (Applicant) M Fordham SC and A Rose (Respondent)