Law Society of New South Wales v Youssef [2018] NSWCATOD 187

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Law Society of New South Wales v Youssef [2018] NSWCATOD 187 Hearing dates: 12 October 2018 Date of orders: 23 November 2018 Decision date: 23 November 2018 Jurisdiction: Occupational Division Before: M Sindler, Senior Member P Moran, Senior Member E Hayes, General Member Decision: The respondent is found guilty of unsatisfactory professional conduct and the tribunal orders:

(1) the respondent is reprimanded;

(2) the respondent is to pay the applicant's costs as agreed or assessed;

(3) the respondent, at her own expense, is to undertake within six (6) months of the date of the orders made by the tribunal (and during which the respondent holds a current practising certificate), a course in Legal Ethics that is approved by the Director, Professional Standards of the Law Society of New South Wales (the Director, Professional Standards) and therein achieve a pass mark of not less than 50% (Pass Mark). Further:

(a) the respondent will, within seven (7) days of receipt of the result of that approved course in Legal Ethics, provide the Director, Professional Standards, the original result notification from the provider of that course;

(b) should the respondent fail to achieve the Pass Mark, she shall complete any further course in Legal Ethics as approved by the Director, Professional Standards until such time as she achieves the Pass Mark;

(c) should the respondent fail to achieve the Pass Mark within the six (6) month time period referred to above, her practising certificate shall be suspended until such time as she achieves the Pass Mark. Catchwords: Legal Practitioner- failure to comply with notice – unsatisfactory professional conduct – professional misconduct – reprimand - costs Legislation Cited: Civil and Administrative Tribunal Act 2013 Legal Profession Uniform Law (NSW) Cases Cited: Allinson v General Council of Medical Education and Registration [1894] 1QB750 Burrows v Council for the Law Society of New South Wales (No 3) [2018] NSWSC 737 Law Society of New South Wales v Walsh [1997] NSWCA185 Veghelyi v The Council of the Law Society of New South Wales (Unreported, Supreme Court of New South Wales, Smart J, 6 September 1989) Category: Principal judgment Parties: Law Society of New South Wales (applicant) Mouna Youssef (respondent) Representation: Solicitors: Law Society of NSW (applicant) M Youssef (respondent in person) File Number(s): 2018/00096536