Council of the Law Society of New South Wales v Ireland [2017] NSWCATOD 85

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Ireland [2017] NSWCATOD 85 Hearing dates: 27 March 2017 Date of orders: 26 May 2017 Decision date: 26 May 2017 Jurisdiction: Occupational Division Before: S Westgarth, Deputy President P Moran, Senior Member B Thomson, General Member Decision: The Tribunal having found Mark Gerard Ireland (the Respondent) guilty of professional conduct orders that:

(1) The name of the Respondent Mark Gerard Ireland be removed from the local Roll; and

(2) The Respondent (Mark Gerard Ireland) is to pay the costs of the Council of the Law Society of New South Wales (the Applicant) as agreed or assessed. Catchwords: PROFESSIONS AND TRADES - Solicitor - Professional Disciplinary Proceedings - where Applicant asserts the solicitor guilty of professional misconduct - where a solicitor knowingly swore a false affidavit HELD - Professional Misconduct established - Affirming an affidavit containing evidence that was known to be false - Professional misconduct - Name removed from the Roll Legislation Cited: Civil & Administrative Tribunal Act 2013 Interpretation Act 1987 (NSW) Interpretation of Legislation Act 1984 (Vic) Legal Profession Act 2004 (NSW) Legal Profession Uniform Law 2015 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Legal Profession Uniform Law Application Legislation Amendment Act 2015 (NSW) Cases Cited: Barristers Board v Darveniza [2000] QCA 253 Barristers Board v Young [2001] QCA 556 Coe v NSW Bar Association [2000] NSWCA 13 Fraser v Law Society [1992] 5LR PDR 16 Howes v Law Society of Tasmania [1998] TASSC 1112 Law Society v Bannister [1993] 4 LPDR Legal Practitioners Complaints Committee v Palumbo [2005] WASCA 129 Ex parte MacAuley [1930] 30 SR (NSW) 193 NSW Bar Association v Hamman [1999] NSWCA 404 NSW Bar Association v Meakes [2006] NSWCA 340 Ian David Plowes [Legal Services Tribunal of NSW] 1986 NSW LST 23 ReB [1981] 2 NSWLR 372 Re A practitioner; ex parte Legal Practitioner Disciplinary Tribunal [2004] 145A C RIM R 557 Texts Cited: Nil Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Mark Gerard Ireland (Respondent) Representation: Counsel: L Pierotti (Applicant) In Person (Respondent) File Number(s): 2016/00378752 Publication restriction: Nil