Legal Services Commissioner v Livers [2017] NSWCATOD 117

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Legal Services Commissioner v Livers [2017] NSWCATOD 117 Hearing dates: 15 March 2017, 19 April 2017 Date of orders: 03 August 2017 Decision date: 03 August 2017 Jurisdiction: Occupational Division Before: K O'Connor, AM, ADCJ, Deputy President J Currie, Senior Member B Thomson, General Member Decision: 1. The Tribunal finds the respondent guilty of professional misconduct. 2. Directions are to be given for the filing of submissions and fixing of a hearing in relation to the appropriate disciplinary order. 3. The matter is listed for Directions on 6 September 2017 at 10:00am. Catchwords: PROFESSIONAL DISCIPLINE – Legal Profession – Application on behalf of client for legal assistance funding – Completed by practitioner - False or Misleading statements in application form – alteration of date of supporting document – absence of reference to prior claims history – and other matters – Finding of Professional Misconduct. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 Legal Profession Act 2004 Cases Cited: Allinson v General Medical Council [1894] 1 QB 750 at 768 Hoile v Medical Board of South Australia [1960] HCA 30; (1960) 104 CLR 157 Briginshaw v Briginshaw (1938) 60 CLR 336 Caswell v Powell [1940] AC 152 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; (1992) 67 ALJR 170; (1992) 110 ALR 449 Kennedy v The Council of the Incorporated Law Institute of NSW (1939) 13 ALJ 563 Leon Nikolaidis v Legal Services Commissioner [2007] NSWCA 130 Re City Equitable Fire Insurance Co Ltd [1925] Ch 407 Re Hodgekiss 1962 SR (NSW) 340; 79 WN (NSW) 163 Guidice v Legal Profession Complaints Committee [2016] WASCA 159 Texts Cited: JD Heydon, Cross on Evidence (10th Aust. Ed., 2015) Category: Principal judgment Parties: Legal Services Commissioner (Applicant) Peter James Livers (Respondent) Representation: Counsel: R Withana (Respondent)