Law Society of New South Wales v Dib [2019] NSWCATOD 15

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Law Society of New South Wales v Dib [2019] NSWCATOD 15 Hearing dates: 9 May 2018 Date of orders: 18 January 2019 Decision date: 18 January 2019 Jurisdiction: Occupational Division Before: J S Currie, Senior Member M Riordan, Senior Member J Schwager, General Member Decision: The Tribunal finds Ghassan Dib (the Respondent) guilty of unsatisfactory professional conduct and orders that: 1. The Respondent is reprimanded. 2. The Respondent is fined $2,000. 3. The Respondent is to pay the applicant's costs, as agreed or assessed. Catchwords: PROFESSIONS AND TRADES-PROFESSIONAL DISCIPLINE- Solicitor- failure to comply with notice under Legal Profession Uniform Law (NSW) 2014, s 371 and to assist investigator- expert evidence as to Solicitor's mental health – extent of the causal link between his mental illness and conduct- found that his mental health partially excused, but did not fully excuse, his failure to comply with notice and to assist investigator – importance of s 371 Notices and of assistance to investigators- finding of unsatisfactory professional conduct- no finding of professional misconduct. Solicitor reprimanded, fined $2,000 and ordered to pay costs.

PRACTICE AND PROCEDURE-call by the Respondent for documentation from Applicant's records regarding receipt and treatment of the expert medical opinion given on behalf of the Respondent and of documentation which had been tabled before the Professional Conduct Committee of the Respondent-call refused-refusal upheld by the Tribunal-consideration of Legal Profession Uniform Law (NSW) No.16a, sections 273, 277, 316, 319 (1), 467 and 478 and Legal Profession Uniform Law Application Act 2014 No , sections 138 and 147. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act (No 2) 2013 (NSW) Legal Profession Act 2004 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) No 16 Legal Profession Uniform Law (NSW) No.16a Cases Cited: Allinson v General Medical Council [1894] 1 QB 750 at 768; BRJ v Council of the New South Wales Bar Association [2016] NSW SC 146 Council of the Law Society of New South Wales v Webb [2013] NSWSCA 423. Council of the Law Society of NSW v Tsalidis (No 3) [2012] NSW ADT 229 Council of the New South Wales Bar Association v Asusu [2011] NSW ADT 209 Hoile v Medical Board of South Australia [1960] HCA 30; (1960) 104 CLR 157 Johns v Law Society of New South Wales [1982] 2 NSWLR 1 Law Society of New South Wales v Foreman (No 2) (1994) 34 NSWLR 408 Law Society of New South Wales v Walsh [1997] NSWCA 185 Legal Services Commissioner v Livers [2017] NSWCATOD 117 Veghelyi v Council of the Law Society of New South Wales, Unreported, Supreme Court, 6 September 1989 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Ghassan Dib (Respondent) Representation: Counsel: P. Maddigan (Applicant) D. Knoll AM (Respondent)