Council of the Law Society of NSW v Clarke (No2) [2018] NSWCATOD 132

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Clarke (No2) [2018] NSWCATOD 132 Hearing dates: 3 August 2018 Date of orders: 14 August 2018 Decision date: 14 August 2018 Jurisdiction: Occupational Division Before: The Hon F Marks, Principal Member L M Pearson, Principal Member (Legal) E Hayes, General Member Decision: 1 The respondent is reprimanded 2 The respondent is to pay a fine of $8000 3 The respondent is to pay the costs of the applicant in the substantive proceedings in an amount as assessed in default of agreement Catchwords: Legal practitioner – stage 2 hearing consequent upon finding of professional misconduct-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 – whether permanently unfit to remain on roll of solicitors- held appropriate protective order was reprimand and fine-costs order made. Legislation Cited: Legal Profession Act 2004 Cases Cited: Council of the Law Society of NSW v Clarke [2018] NSWCATOD 65 Law Society of New South Wales v Walsh [1997] NSWCA 185 New South Wales Bar Association v Cummins [2001] NSWCA 284 Re Melvey; ex parte Law Society of New South Wales (1966) 85 WN (Pt1) NSW 289 Category: Principal judgment Parties: Council of the Law Society of NSW (applicant) Daniel Christopher Clarke (respondent) Representation: Counsel: G Johnson (applicant) K Lindeman (respondent)