Council of the New South Wales Bar Association v Hanrahan [2018] NSWCATOD 44

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the New South Wales Bar Association v Hanrahan [2018] NSWCATOD 44 Hearing dates: 13 and 14 December 2017 Date of orders: 23 March 2018 Decision date: 23 March 2018 Jurisdiction: Occupational Division Before: L P Robberds QC, Senior Member G Curtin SC, Senior Member E Hayes, General Member Decision: (1) Upon the applicant filing a signed instrument of consent in the terms of exhibit D, the Tribunal grants leave to the appellant to file an amended application for disciplinary findings and orders in terms of exhibit E.

(2) Upon the applicant filing an amended application for disciplinary findings and orders in terms of exhibit E, the Tribunal finds that the respondent engaged in professional misconduct within the meaning of s. 297 of the Legal Profession Uniform Law (NSW) by his conduct set out in the statement of agreed facts recorded in the filed and signed instrument of consent.

(3) An order pursuant to s. 299 of the Legal Profession Uniform Law (NSW) that the respondent be reprimanded.

(4) An order that the respondent pay the applicant's costs as agreed or assessed.

(5) An order that the claim for compensation by the complainant Mr Michael Donato be listed before the Tribunal for directions.

(6) Liberty to apply. Catchwords: Application by the Council to vary application for disciplinary findings and orders – proposal to omit from filed application serious allegations of misconduct – parties propose to sign instrument of consent and seek consent orders – reasonableness in all the circumstances of proposed variation – barrister settles District Court proceedings without instructions – barrister delays telling client and solicitor he has done so – client placed under pressure as a result of barrister's delay – did client give consent to settlement – professional misconduct by barrister Legislation Cited: Legal Profession Act 1987 (NSW) Legal Profession Reform Act 1993 (NSW) Legal Profession Amendment (Complaints and Discipline) Act 2000 (NSW) Legal Profession Act 2004 (NSW) Legal Profession Uniform Law (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Council of the New South Wales Bar Association v Breeze [2015] NSWCATOD 1521 Council of the New South Wales Bar Association v Butland [2009] NSWADT 177 Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 Law Society of New South Wales v Foreman [1994] NSWCA 69; (1994) 34 NSWLR 408 Category: Principal judgment Parties: Council of the New South Wales Bar Association (Applicant) Ross Gerard Hanrahan (Respondent) Representation: Counsel: D Ward (Applicant) N Case (Respondent)