Council of the Law Society of New South Wales v CZD [2017] NSWCATOD 153

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v CZD [2017] NSWCATOD 153 Hearing dates: 03 April 2017 Date of orders: 27 October 2017 Decision date: 27 October 2017 Jurisdiction: Occupational Division Before: M Craig QC, ADCJ, Principal Member David Fairlie, Senior Member Jane Schwager AO, General Member Decision: (1) Order that the Respondent be reprimanded.

(2) Order that the Respondent pay 50% of the Applicant's costs. Catchwords: LEGAL PRACTITIONERS – disciplinary complaint – certifying copies of enduring power of attorney and enduring appointment of guardian as true copies of original documents – use of copies to obtain reports from medical practitioners and bank records relating to the appointor – intended to support application for appointment of guardian to the affairs of the appointor – no proper assessment of documents provided by client to determine that they were original documents – original documents held by other practitioners – unsatisfactory professional conduct – mitigating circumstances Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Legal Profession Act 2004 (NSW) (repeal) Legal Profession Uniform Law (NSW) Powers of Attorney Act 2003 (NSW) Cases Cited: Allinson v General Counsel of Medical Education and Registration [1894] QBD 750 Council of the Law Society of New South Wales v CZZ [2017] NSWCATOD 31 Council of the Law Society of New South Wales v Webb [2013] NSWCA 423 Council of the NSW Bar Association v Asuzu [2011] NSWADT 209 Donaghy v Council of the Law Society of NSW [2014] NSWCATOD 32 Griffin v The Council of the Law Society of New South Wales [2016] NSWCA 364 Leon Nikolaidis v Legal Services Commissioner [2007] NSWCA 130 Pillai v Messiter (No.2) (1989) 16 NSWLR 197 Re Hodgekiss [1962] SR (NSW) 340 Xu v Council of the Law Society of New South Wales [2009] NSWCA 430; (2009) 236 FLR 480 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) CZD (Respondent) Representation: Counsel: B Tronson (Applicant) M Fordham SC and A Rose (Respondent)