Legal Services Commissioner v Huggett [2017] NSWCATOD 67

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Legal Services Commissioner v Huggett [2017] NSWCATOD 67 Hearing dates: 31 March 2017 Date of orders: 04 May 2017 Decision date: 04 May 2017 Jurisdiction: Occupational Division Before: K O'Connor, AM, ADCJ, Deputy President M Sindler, Senior Member E Hayes, General Member Decision: The respondent is found guilty of professional misconduct, and the Tribunal orders: 1. That he be reprimanded. 2. That he undertake a professional education course in ethics and integrity, as approved by the applicant in consultation with the Law Society. 3. That he pay a fine of $2,500. 4. That he pay the applicant its costs of the proceedings, as agreed or assessed. Catchwords: PROFESSIONAL MISCONDUCT – Legal Profession – Solicitor advising clients to sign statutory declaration in the absence of an authorised witness– Advising he would witness signatures on return of documents – non-compliance with Oaths Act - Whether in circumstances professional misconduct or unsatisfactory professional conduct – Held professional misconduct - Orders made. Legislation Cited: Legal Profession Uniform Law (NSW) No 16a Oaths Act 1900 Cases Cited: Allinson v General Council of Medical Education and Registration [1894] 1 QB 750 Council of the Law Society of NSW v Chau [2011] NSWADT 271 Council of the Law Society of NSW v Ly [2011] NSWADT 210 Council of the Law Society of NSW v Martin [2012] NSWADT 22 Council of the Law Society of NSW v Orford [2016] NSWCATOD 22. Fraser v The Law Society [1992] NSWLST 6 Category: Principal judgment Parties: Legal Services Commissioner (Applicant) Garry John Huggett (Respondent) Representation: Counsel: T Lynch SC (Respondent)