Legal Services Commissioner v Potkonyak (No. 2) [2017] NSWCATOD 134

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Legal Services Commissioner v Potkonyak (No. 2) [2017] NSWCATOD 134 Hearing dates: 22 August 2017 Date of orders: 22 August 2017 Decision date: 11 September 2017 Jurisdiction: Occupational Division Before: F Marks ADCJ, Principal Member C Ludlow, Senior Member M Bolt, General Member Decision: (1) Adjournment granted;

The stage 2 hearing has been fixed for the 13 November 2017.

(2) Practice conditions imposed;

The following interim order (pursuant to section 563 of the Legal Profession Act 2004) made on 14 December 2016 remains in force until further order of the Tribunal, as noted at the hearing of 18 April 2017:

(5) The Respondent is directed to include in any advice given to a client a reference to the state of the law as exemplified in relevant decisions of any court having jurisdiction over the matter or matters pertaining to that client, together with a reference to the practice and procedure of any relevant court.

The Tribunal further Orders;

Pursuant to section 563 of the Legal Profession Act 2004, and section 562(4)(d) of the Legal Profession Act 2004:

(a) The Respondent must provide a copy of the Tribunal's decision in Legal Services Commissioner v Potkonyak [2017] NSWCATOD 74 to each of his current clients.

(b) The Respondent (including his employees or any person practising under the supervision of the Respondent in accordance with section 49 of the Legal Profession Uniform Law (NSW)) must not accept any instructions from new clients.