Council of the New South Wales Bar Association v Berwick (No.2) [2017] NSWCATOD 133

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the New South Wales Bar Association v Berwick (No.2) [2017] NSWCATOD 133 Hearing dates: 21 March 2017 Date of orders: 06 September 2017 Decision date: 06 September 2017 Jurisdiction: Occupational Division Before: L P Robberds QC, Senior Member Dr J G Renwick SC, Senior Member Decision: File number 2015/00383754 (1520067)

Order that the respondent John Patrick Berwick pay compensation to the applicant Fahmid Rahman in the amount of $25,000.

File number 2016/00378818 (1620258)

1) Order that the application of Fahmid Rahman seeking leave to make a compensation request pursuant to s 570 (4) of the Legal Profession Act 2004 be dismissed.

2) Order that the application by Fahmid Rahman to rely upon the application number 160258 filed on 8 November 2015 is dismissed.

In the matters file numbers 2015/00383754 (1520067) and 2016/00378818 (1620258) the Tribunal gives the following directions:

If either party seeks an order for costs or interest they are to: (i) Inform the Registrar and the other party in writing of that fact within 14 days from the date of publication of these reasons for decision. (ii) File and serve written submissions in support of the application or applications for costs and/or interest within 28 days from the date of publication of these reasons for decision. (iii) Within 42 days file and serve written submissions in reply. (iv) Within 28 days notify the Registrar of the Tribunal whether he consents to the application or applications being dealt with on the papers without a further hearing. Catchwords: Barrister – professional misconduct and unsatisfactory professional conduct – circumstances in which compensation order may be made under Pt 4.9 Legal Profession Act 2004 – whether any loss was suffered by the client because of professional misconduct – 2 claims made for loss suffered because of unsatisfactory professional conduct - was the compensation order capped at $25,000 by s 571 (5) of the Act. Legislation Cited: Interpretation Act 1987 (NSW) Legal Profession Act 2004 (NSW) Legal Profession Uniform Law (NSW) Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27; [2009] HCA 41 Council of the New South Wales Bar Association v Berwick [2016] NSWCATOD 81 Law Society of New South Wales v Foreman (1994) 34 NSWLR 408 Independent Commission Against Corruption v Cunneen (2015) 256 CLR 1; [2015] HCA 14 Lacey v Attorney-General of Queensland (2011) CLR 573; [2011] HCA 10] Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Category: Principal judgment Parties: File number 2015/00383754 (1520067) Council of the New South Wales Bar Association (Applicant) Dr John Patrick Berwick (Respondent)