Council of the New South Wales Bar Association v Kintominas [2017] NSWCATOD 167

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the New South Wales Bar Association v Kintominas [2017] NSWCATOD 167 Hearing dates: 11 September 2017 Date of orders: 22 November 2017 Decision date: 22 November 2017 Jurisdiction: Occupational Division Before: K P O'Connor, AM, ADCJ, Deputy President P Durack, SC, Senior Member J Schwager, AO, General Member Decision: (1) The Tribunal finds the respondent guilty of professional misconduct in relation to both Grounds of the Application.

(2) The matter is to be relisted before the presiding member for the making of directions and the fixing of a date for the Stage 2 hearing in relation to the appropriate disciplinary order. Catchwords: PROFESSIONAL DISCIPLINE – Legal Profession – Barrister – Financial and health conditions imposed on Practising Certificate together with obligations to report regularly to Bar Council in relation to compliance - Misleading Bar Council as to extent of compliance - Finding of Professional Misconduct at common law - Consistent failures to comply with conditions and to meet reporting obligations – Finding of Professional Misconduct under s 297(1)(a). Legal Profession Uniform Law. Legislation Cited: Legal Profession Uniform Law no 16a Legal Profession Act 2004 Cases Cited: A Solicitor v Law Society (NSW) [2004] HCA 1; (2004) 216 CLR 253 Council of the New South Wales Bar Association v Barnett [2016] NSWCATOD 153 Council of the NSW Bar Association v Quinlivan [2015] NSWCATOD 54 NSW Bar Association v Harkin [2015] NSWCATOD 111 New South Wales Bar Association v Cummins (2001) 52 NSWLR 279; [2001] NSWCA 284 Category: Principal judgment Parties: Council of the New South Wales Bar Association (Applicant) Peter Kintominas (Respondent) Representation: Counsel: P Maddigan (Applicant) T Molomby, SC (Respondent)