Legal Services Commissioner v Potkonyak [2017] NSWCATOD 74

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Legal Services Commissioner v Potkonyak [2017] NSWCATOD 74 Hearing dates: 13, 14 December 2016, 18 April 2017 Date of orders: 17 May 2017 Decision date: 17 May 2017 Jurisdiction: Occupational Division Before: F Marks ADCJ Principal Member C Ludlow Senior Member M Bolt General Member Decision: The respondent is found guilty of professional misconduct

The proceedings are stood over for stage 2 hearing on 22 August 2017 Catchwords: Legal Practitioner-pursuit of arguments before courts having no legal basis-unfounded criticism of judicial officers and legal practitioners-held constitutes professional misconduct-proceedings stood over to determine appropriate orders Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Legal Profession Act 2004 New South Wales Professional Conduct and Practice Rules 2013 Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; (1983) 60 CLR 336 Clyne v. N.S.W. Bar Association [1960] HCA 40; (1960) 104 CLR 186. Louise v Director General of Community Services [2011] NSW SC1646. New South Wales Bar Association v Cummins [2001] NSWCA 284 Re Felicity; FM v Secretary, Department of Family and Community Services (No 3) [2014] NSWCA 226 Re Felicity; FM v Secretary, Department of Family and Community Services (No 4) [2015] NSWCA 19 Category: Principal judgment Parties: Legal Services Commissioner (Applicant) George Potkonyak (Respondentt) Representation: Counsel: CA Webster SC and PA Madigan (Applicant)