Council of the Law Society of NSW v Walsh [2018] NSWCATOD 196

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Walsh [2018] NSWCATOD 196 Hearing dates: 23 November and 3 December, 2018 Date of orders: 17 December 2018 Decision date: 17 December 2018 Jurisdiction: Occupational Division Before: The Hon F Marks Principal Member M Sindler Senior Member (Legal) M E Bolt General Member Decision: Consequent upon the finding of professional misconduct which we have made we make the following orders;

(1) the respondent is reprimanded

(2) the respondent is fined the sum of $1000

(3) the respondent is to pay the costs of the applicant as assessed in default of agreement Catchwords: Legal Practitioner – purporting to witness signature on document – purporting to take oath – failure to witness signature and take oath constitute professional misconduct – refusal to make orders based on Instrument of Consent – protective orders made-costs order made Legislation Cited: Legal Profession Uniform Law Application Act 2014 Legal Profession Uniform Law (NSW) Oaths Act 1900 (NSW) Cases Cited: Fraser v Council of the Law Society of NSW [1992] NSWCA 72 Law Society of New South Wales v Maharaj [2017] NSWCATOD 79 Law Society of NSW v Dubler [2018] NSWCATOD 79. Category: Principal judgment Parties: Council of the Law Society of NSW (applicant) Peter Francis Walsh (respondent) Representation: Counsel: M Scott (respondent)