Hill v Council of the Law Society on New South Wales [2017] NSWCATOD 164

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hill v Council of the Law Society on New South Wales [2017] NSWCATOD 164 Hearing dates: 22 September 2017 Date of orders: 16 November 2017 Decision date: 16 November 2017 Jurisdiction: Occupational Division Before: S Westgarth, Deputy President M Sindler, Senior Member B Thomson, General Member Decision: Pursuant to section 121 of the Legal Profession Uniform Law (NSW) Steven James Barnett is approved as a lay associate of the law practice Tarella Law Pty Ltd. Catchwords: Approval under section 121 Legal Profession Uniform Law (NSW) – relevant matters under section 121 Legislation Cited: Crimes Act 1900 Legal Profession Uniform Law (NSW) Legal Profession Uniform Law Application Act 2014 Cases Cited: Briginshaw v Briginshaw [1938] 60 CLR 336 McGirr & Anor v The Council of the Law Society of NSW [2014] NSWCATOD 154 Michael John Charles Caiger (1994) 1 LPDR 32 Miedzinski v Council of the Law Society of NSW [2007] NSWADT 268 Category: Principal judgment Parties: Emma Kate Hill (Applicant) Council of the Law Society on New South Wales (Respondent) Representation: Counsel: A Isaacs (Applicant)

Solicitors: Mr L Pierotti (Respondent) File Number(s): 2017/00119743 Publication restriction: Unrestricted

reasons for decision

Introduction 1. By this application, the applicant seeks the following order: That Steven James Barnett be approved as a lay associate to the law practice Tarella Law Pty Ltd. 1. The circumstances requiring the applicant to seek the above order may be summarised as follows: 1. On 4 November 2016 Steven James Barnett (Mr Barnett) was convicted of an offence under s 52A(1)(c) of the Crimes Act 1900 being an offence of driving a vehicle in a manner dangerous occasioning death. That offence is an indictable offence against the law of New South Wales; and 2. Mr Barnett is a "lay associate" of the applicant's legal practice. A law practice contravenes s 121 of the Legal Profession Uniform Law (NSW) (the Uniform Law) if the law practice has a lay associate whom any principal or other legal practitioner associate of the law practice knows to be a person who has been convicted of a serious offence. However, under s 121(2) the relevant designated local regulatory authority (in this case this Tribunal) may approve a person as a lay associate for the purposes of s 121. 1. Accordingly, it is necessary for the applicant to seek the approval of the Tribunal in order for Mr Barnett to continue as a lay associate of the law practice.