Council of the Law Society of New South Wales v DDQ [2017] NSWCATOD 123

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v DDQ [2017] NSWCATOD 123 Hearing dates: 14 November 2016 Date of orders: 14 August 2017 Decision date: 14 August 2017 Jurisdiction: Occupational Division Before: M Craig QC, Principal Member J Pheils, Senior Member J Schwager AO, General Member Decision: 1. The Respondent is reprimanded.

2. The Respondent must pay the Applicant's costs of these proceedings in such sum as is agreed or assessed.

3. Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013:

(a) The name of the Respondent is given the pseudonym DDQ.

(b) The disclosure of the Respondent's true name or of any evidence or document associating the Respondent, by his true name, with these proceedings is prohibited.

(c) Subject to any further or other order of the Tribunal, access to and disclosure of evidence and documents filed with the Tribunal beyond that evidence disclosed in these Reasons is restricted to the Legal Services Commissioner, the parties and their respective legal representatives.

4. Pursuant to s 581 of the Legal Profession Act 2004, as rendered operative by the provisions of the Legal Profession Uniform Law (NSW) No.16a, the disciplinary action taken against the Respondent is not to be recorded in the Register pursuant to s 577 of the 2004 Act or otherwise publicised under Pt 4.10 of that Act. Catchwords: LEGAL PRACTITIONERS – professional misconduct – omission to give timely notice of a 'show cause event' – bankruptcy due to guarantor debt unrelated to legal practice – omission occurred due to illness from drug and alcohol dependency – rehabilitation of practitioner – disciplinary action not to be recorded – Legal Profession Act 2004, ss 67 and 581 Legislation Cited: Bankruptcy Act 1966 (Cth) Civil and Administrative Tribunal Act 2013 (NSW) Legal Profession Act 2004 (NSW) (Repealed) Legal Profession Uniform Law (NSW) No.16a Cases Cited: Law Society of New South Wales v CQS [2016] NSWCATOD 100 Law Society of New South Wales v Walsh [1998] NSWCA 185 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) DDQ (Respondent) Representation: Counsel: L Pierotti, Solicitor (Applicant) In Person (Respondent)