Council of the Law Society of NSW v Berger (No. 2) [2018] NSWCATOD 4

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Berger (No. 2) [2018] NSWCATOD 4 Hearing dates: 22 November 2017 Date of orders: 05 January 2018 Decision date: 05 January 2018 Jurisdiction: Occupational Division Before: Hon G Mullane ADCJ (Principal Member) M Riordan (Senior Member) E Hayes (General Member ) Decision: 1. The name of the Respondent Victor Berger is to be removed from the roll of local lawyers.

2. The respondent must pay the costs of the applicant of or incidental to both the proceedings number 2015/00383879 and 2016/00378630 as agreed or as assessed. Catchwords: Solicitor – Professional Misconduct – Removal from Roll Legislation Cited: Legal Profession Act 2004 Category: Principal judgment Parties: Council of the Law Society of NSW (Applicant) Victor Berger (Respondent) Representation: Counsel: Mr G Johnson (Applicant) Mr D Lloyd SC (Respondent)

Solicitors: Law Society of NSW (Applicant) Remington & Co (Respondent ) File Number(s): 2015/00383879 & 2016/00378630

reasons for decision

Introduction 1. The Stage 1 decision in these proceedings is reported as Law Society of NSW v Berger (No. 1) at [2017] NSWCATOD 137 (21 September 2017). 2. In that decision the Tribunal identified extensive incidents of unsatisfactory professional conduct by the respondent solicitor and also incidents of professional misconduct by him. 3. This was the Stage 2 hearing on 22 November 2017 to determine what the outcome of the proceedings should be.