Legal Services Commissioner v DRA [2018] NSWCATOD 107

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Legal Services Commissioner v DRA [2018] NSWCATOD 107 Hearing dates: 5 February 2018 Date of orders: 05 July 2018 Decision date: 05 July 2018 Jurisdiction: Occupational Division Before: S Westgarth, Deputy President R Dawson, Senior Member M Bolt, General Member Decision: (1) The Solicitor is guilty of professional misconduct;

(2) Within 7 days the Registry is to send a copy of these reasons to the Solicitor at the address given under Rule 13(2)(g) of the Civil and Administrative Tribunal Rules;

(3) Within 7 days the LSC is also directed to send a copy of these reasons to the Solicitor at the above email address and at the Solicitor's current place of residence (if known to the LSC) and within 7 days thereafter file and serve an affidavit of service;

(4) Within 14 days thereafter the Solicitor is to file with the Tribunal and serve a copy on the LSC any submissions and evidence he wishes to make concerning what orders the Tribunal should make consequent upon the finding that the Solicitor is guilty of professional misconduct; and

(5) The Registry is directed to list these proceedings for a directions hearing on a date as soon as possible after 21 days from the date of these orders. Catchwords: Professional misconduct –fit and proper Legislation Cited: Civil and Administrative Tribunal Act 2013 Evidence Act 1995 (NSW) Legal Profession Act 2004 (NSW) Legal Profession Uniform Law (NSW) Cases Cited: A Solicitor v The Council of the Law Society of New South Wales [2004] 216 CLR 253 Brereton v Legal Services Commissioner [2010] VSC 378 Briginshaw v Briginshaw (1938) 60 CLR 336 Council of the Law Society of New South Wales v Haseldine [2017] NSWCATOD 156 Law Society of NSW v Shehadie [2016] NSWCATOD 46 New South Wales Bar Association v Cummins (2001) 52 NSWLR 279 NSW Bar Association v Meakes [2006] NSWCA 340 Re Veron; Ex parte Law Society of New South Wales [1966] 1 NSWR 511 The Council Of The New South Wales Bar Association v Sahade [2007] NSWCA 145 Ziems v The Prothonotary (1957) 97 CLR 279 Category: Principal judgment Parties: Legal Services Commissioner (Applicant) DRA (Respondent) Representation: Counsel: Ms R Withana (Applicant)