Council of the Law Society of New South Wales v Winter [2019] NSWCATOD 2

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Winter [2019] NSWCATOD 2 Hearing dates: 22 October 2018 Date of orders: 02 January 2019 Decision date: 02 January 2019 Jurisdiction: Occupational Division Before: L Pearson, Principal Member P Moran, Senior Member E Hayes, General Member Decision: (1) The Respondent is guilty of unsatisfactory professional conduct in respect of application Grounds 1, 2(b) and 3; (2) The Respondent is guilty of professional misconduct; (3) The matter is listed for further hearing on 15 February 2019 for the determination of the orders to be made; (4) The Applicant is to provide to the Tribunal and to the Respondent any evidence and submissions as to the orders sought, on or before 18 January 2019; (5) The Respondent is to provide to the Tribunal and to the Applicant any evidence and submissions in reply on or before 29 January 2019; (6) The Applicant is to provide to the Tribunal and to the Respondent any further material in reply on or before 11 February 2019. Catchwords: PROFESSIONS AND TRADES - Solicitor - Professional Disciplinary Proceedings - Findings of Professional Misconduct and Unsatisfactory Professional Conduct - Misleading conduct in purporting to act for a company that had ceased to exist and where no valid instructions to act - falsely holding out being a director of a corporation Legislation Cited: Civil and Administrative Tribunal Act 2013 Corporations Act 2001 (Cth) Evidence Act 1995 Legal Profession Uniform Law (NSW) Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 Cases Cited: Allinson v General Counsel of Medical Education and Registration [1894] 1 QB 750 Briginshaw v Briginshaw (1938) 60 CLR 336 Corporate Affairs Commission v Drysdale [1978] HCA 52; (1978) 141 CLR 236 Council of the Law Society of New South Wales v CZD [2017] NSWCATOD 153 Council of the Law Society of New South Wales v Clapin [2011] NSWADT 83 Council of the Law Society of New South Wales v Webb [2013] NSWCA 423 Grimaldi v Chameleon Minding NL & Anor (No. 2) (2012) 200 FCR 296 Xu v Council of the Law Society of NSW [2009] NSWCA 430 Texts Cited: Nil Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Ronald William Winter (Respondent) Representation: Counsel: G Johnson (Applicant) R Withana (Respondent)