Law Society of New South Wales v Titmarsh [2018] NSWCATOD 179

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Law Society of New South Wales v Titmarsh [2018] NSWCATOD 179 Hearing dates: 22 September 2017 Date of orders: 31 October 2018 Decision date: 31 October 2018 Jurisdiction: Occupational Division Before: Craig QC, ADCJ, Principal Member N J Matkovich, Senior Member J L Schwager AO, General Member Decision: 1. The Application in proceedings 2017/00162477 is dismissed;

2. In proceedings 2017/00063343, direct that within 7 days from the date of these reasons the parties must jointly approach the Registrar for the purpose of fixing a date for hearing to determine the terms of any orders that should be made consequent upon our finding that the conduct of the respondent constituted unsatisfactory professional conduct within the meaning of the Legal Profession Act 2004. Catchwords: LEGAL PRACTITIONERS – solicitor – disciplinary proceedings – delay in attending to the affairs of a client – unsatisfactory professional conduct – statement of fact sworn to by solicitor in an affidavit – belief in the truth of the statement at time of swearing affidavit – no basis upon which to challenge that belief as unreasonable or reckless – subsequent event showed the facts to be untrue – in circumstances conduct neither professional misconduct nor unsatisfactory professional conduct Legislation Cited: Legal Practitioners Act 1898-1954 (NSW) (repealed) Legal Profession Act 2004 (NSW) (repealed) Legal Profession Uniform Law 2015 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Supreme Court Rules 1970 (NSW) Cases Cited: Allinson v General Counsel of Medical Education and Registration [1894] 1 QB 750 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Council of the New South Wales Bar Association v Costigan [2013] NSWCA 407 Griffin v The Council of the Law Society of New South Wales [2016] NSWCA 364 Law Society of New South Wales v McElvenny [2002] NSWADT 166 Law Society of New South Wales v Thurairajah [2002] NSWADT 207 Legal Services Commissioner v Hackett [2006] QLPT 015 Re Hodgekiss (1962) 79 WN 163 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant)