Council of the Law Society of NSW v Clarke [2018] NSWCATOD 65

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Clarke [2018] NSWCATOD 65 Hearing dates: 18 and 19 April 2018 Date of orders: 08 May 2018 Decision date: 08 May 2018 Jurisdiction: Occupational Division Before: The Hon F Marks Principal Member L M Pearson Principal Member (Legal) E Hayes General Member Decision: As a consequence of the findings of professional misconduct which we have made, we make the following orders; 1. The proceedings are stood over for further hearing at 10 AM on 3 August, 2018 2. We grant liberty to apply which may be exercised by either party at short notice. Catchwords: Legal practitioner – breach of undertakings given in the course of applying for certificates of ownership of motor vehicles – false and misleading conduct given to another legal practitioner in the course of a telephone call – finding of professional misconduct – proceedings stood over for stage 2 hearing Legislation Cited: Legal Profession Act 2004 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Road Transport (General) Act 2005 (NSW) Cases Cited: Allison v General Council of Medical Education and Registration [1894] QBD 750 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Council of the Law Society of New South Wales v Webb [2013] NSWCA 423 Law Society of NSW v Martin [2002] NSWADT 27 Vincent Cofini [1994] NSWLST 25 Category: Principal judgment Parties: Council of the Law Society of NSW (applicant) Daniel Christopher Clarke (respondent) Representation: Counsel: G Johnson (applicant) P Brereton SC and K Lindeman (respondent)