Law Society of New South Wales v Mattila (No 2) [2018] NSWCATOD 91

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Law Society of New South Wales v Mattila (No 2) [2018] NSWCATOD 91 Hearing dates: 16 February 2018 Date of orders: 13 June 2018 Decision date: 13 June 2018 Jurisdiction: Occupational Division Before: J S Currie, Senior Member P Moran, Senior Member B Thomson, General Member Decision: The Tribunal, having found that Jennifer Margaret Mattila (the Respondent) has engaged in professional misconduct, orders that:

1. The name of the Respondent be removed from the local roll; and

2. The Respondent pay the costs of the Law Society of NSW as agreed or assessed. Catchwords: PROFESSIONS AND TRADES - Solicitor - Professional Disciplinary Proceedings - findings of professional misconduct – consideration of penalty orders: Legal Profession Act 2004 (NSW) s 562- protective nature of Tribunal's role- whether Solicitor probably permanently unfit to practice- orders for removal from the Roll and payment of costs Legislation Cited: Legal Profession Act 2004 (NSW) Cases Cited: A Solicitor v Law Society of New South Wales[2004] 216 CLR 253. Dupal v Law Society of NSW [1990] NSWCA 56. Ex Parte Lenehan (1948) 77 CLR 403 Ex Parte Macaulay (1930) 30 SR (NSW) 193 Jauncey v Law Society of NSW (Unreported, Court of Appeal NSW, 1 February 1989). Law Society of NSW v Foreman NSW Court of Appeal 5 August 1994 Law Society of NSW v Mattila [2017] NSWCATOD 166 Law Society of NSW v Walsh [1997] NSWCA 185 New South Wales Bar Association v Cummins [2001] NSWCA 284 Prothonotary of the Supreme Court of NSW v Ritchard (unreported; Court of Appeal NSW 31 July 1987) Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Jennifer Margaret Mattila (Respondent) Representation: Counsel: P Maddigan (Applicant) T Lynch SC (Respondent)