Law Society of New South Wales v Maharaj [2017] NSWCATOD 79

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Law Society of New South Wales v Maharaj [2017] NSWCATOD 79 Hearing dates: 28 November 2016, 2 May 2017 Date of orders: 22 May 2017 Decision date: 22 May 2017 Jurisdiction: Occupational Division Before: F Marks ADCJ, Principal Member P Moran, Senior Member M Bolt, General Member Decision: (1) The respondent is reprimanded. (2) The respondent shall: (a) at her own expense, undertake within 6 months of the date of these orders a course in Legal Ethics that is approved by the Director, Professional Standards (the Director) and therein achieve a pass mark of not less than 50% (Pass Mark). (b) within seven (7) days of receipt of the result of the course in Legal Ethics, provide the Director the original result notification from the provider of the course in Legal Ethics (3) Should the respondent fail to achieve the Pass Mark referred to in 2 (a) above, she shall complete any further course in Legal Ethics as approved by the Director until such time as she achieves the Pass Mark. (4) Should the respondent fail to achieve the Pass Mark referred to in 2(a) above within the time period in 2(a) above, her practising certificate shall be suspended until such time as she achieves the said Pass Mark and no further practising certificate is to be issued to her until such time as she achieves the said Pass Mark. (5) The respondent shall pay the costs of the applicant as agreed or assessed. Catchwords: Legal practitioner – deliberate and intentional creation of false payslip to secure bank loan – held constitutes professional misconduct – ameliorating factors preclude cancellation or suspension of practising certificate Legislation Cited: Evidence Act 1995 Legal Profession Act 2004 Cases Cited: Council of the New South Wales Bar Association v Breeze [2015] NSWCATOD 152 New South Wales Bar Association v Cummins [2001] NSWCA 284 Prothonotary of the Supreme Court of New South Wales v Ritchard (NSWCA, 31 July 1987, unreported) Category: Principal judgment Parties: Council of the Law Society of NSW (Applicant) Anshu Mala Maharaj (Respondent) Legal Services Commissioner (Intervening) Representation: Counsel: L Pierotti solicitor (Applicant) J Kirk SC (Respondent)