Legal Services Commissioner v Livers (No. 2) [2018] NSWCATOD 152

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Legal Services Commissioner v Livers (No. 2) [2018] NSWCATOD 152 Hearing dates: 19 February 2018 Date of orders: 07 September 2018 Decision date: 07 September 2018 Jurisdiction: Occupational Division Before: K O'Connor, AM, ADCJ, Deputy President J O'Meally, ADCJ, Principal Member J S Currie, Senior Member B Thompson, General Member Decision: (1) The Respondent's name is to be removed from the Roll of lawyers, pursuant to s 562 (a) of the Legal Profession Act, 2004. (2) The Respondent is to pay the Applicant's costs of and incidental to the filing and hearing of the Application, pursuant to Sched 5, cl 23(1) of the Civil and Administrative Tribunal Act (No.2), 2013. Catchwords: PROFESSIONAL DISCIPLINE- Legal Profession-Application by Solicitor on client's behalf for legal assistance funding- finding in first hearing of false and misleading statements in application form and of professional misconduct of a serious order- appropriate penalty order- whether Respondent a fit and proper person to remain a solicitor- whether permanently unfit to do so- clear and serious nature of findings- findings of deliberate conduct in making false statements and engaging in misleading conduct in altering an audiogram and his client's statement-or in the alternative, reckless carelessness in so doing- absence of evident remorse, contrition or insight until final written submissions made after the second hearing. Orders for striking off and costs. Legislation Cited: Civil and Administrative Tribunal Act (No.2), 2013 NSW) Legal Profession Act, 2004 (NSW). Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 at 362 Council of the Law Society of New South Wales v Kim [2017] NSWCA 292 Dupal v The Law Society of New South Wales [1990] NSWCA 56 Hilton v Legal Profession Admission Board [2016] NSWSC 1617 Law Society of New South Wales v Mattila (No 2) [2018] NSWSCATOD 91 Law Society of NSW v Foreman [1994] NSWCA Law Society of NSW v Walsh [1997] NSWCA 185 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd and others (1992) ALR 449 New South Wales Bar Association v Cummins [2001] NSWCA 284 New South Wales Bar Association v Evatt (1968) 117 CLR 177 Prothonotary of the Supreme Court of NSW v P [2003] NSWCA 320 Prothonotary of the Supreme Court of NSW v Richard (Unreported, Court of Appeal NSW, 31 July 1987) Re Evatt; Ex parte NSW Bar Association (1967) 67 SR (NSW) 236. Stanoevski v The Council of the Law Society of New South Wales [2008] NSWCA 93 Ziems v Prothonotary of the Supreme Court of New South Wales [1957] 97 CLR 279 Texts Cited: Nil Category: Principal judgment Parties: Legal Services Commissioner (Applicant) Peter James Livers (Respondent) Representation: Counsel: C.Evatt (Respondent)