Council of the New South Wales Bar Association v Lott [2018] NSWCATOD 99

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the New South Wales Bar Association v Lott [2018] NSWCATOD 99 Hearing dates: 27, 28, 29 November 2017, 21 March 2018 Date of orders: 28 June 2018 Decision date: 28 June 2018 Jurisdiction: Occupational Division Before: L P Robberds QC, Senior Member I H Bailey SC, Senior Member M E Bolt, General Member Decision: (1) So much of the applicant's application filed on 18 December 2015 as seeks orders in respect of grounds 1 - 4, is dismissed.

(2) In respect of ground 5 in the applicant's application filed on 18 December 2015, a finding that the respondent has engaged in unsatisfactory professional conduct in that the respondent breached an undertaking that he volunteered to the Federal circuit Court of Australia, and in so doing:

(a) Failed to reach a standard of competence and diligence that a member of the public is entitled to expect of a reasonably competent Australian legal practitioner;

(b) Failed in his duty to the court; and

(c) Failed in his duty to the client.

(3) In respect of ground 6 in the applicant's application filed on 18 December 2015, a finding that the respondent has engaged in unsatisfactory professional conduct in that the respondent made false statements to the Federal Circuit Court of Australia as to when he was briefed to appear for his client, and in so doing failed to reach a standard of competence and diligence that a member of the public is entitled to expect of a reasonably competent Australian legal practitioner.