Council of the New South Wales Bar Association v Nagle (No 3) [2019] NSWCATOD 26

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the New South Wales Bar Association v Nagle (No 3) [2019] NSWCATOD 26 Hearing dates: 31 January 2019 Date of orders: 19 February 2019 Decision date: 19 February 2019 Jurisdiction: Occupational Division Before: The Hon F Marks Principal Member R L Hamilton SC Senior Member (Legal) B G Thomson General Member Decision: (1) the respondent is reprimanded

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

(3) the respondent must refrain from taking any action to enforce the fees agreement dated 28 January 2014 with the client.

(4) the respondent must refrain from making any claim against the client in respect of fees or disbursements or both arising out of or in connection with the proceedings in the Local Court which are the subject of these proceedings.

(5) the Council of the New South Wales Bar Association is to cause within 14 days of this date to be forwarded by email or prepaid post a communication to the client of the respondent, being the client referred to in these proceedings. That communication must advise the client that the Tribunal requires that he inform the Registrar of the Tribunal in writing, with a copy to the respondent at an address nominated in the communication, within a period of 28 days from the date of the communication whether he wishes to make any claim for compensation against the respondent arising out of his engagement of the respondent to represent him in the proceedings before the Local Court, and the details of the amount of the claim and how it is calculated. If the client fails to so inform the Registrar that he wishes to make a claim for compensation and the manner in which the claim is formulated within the time so fixed, or informs the Registrar earlier that he does not wish to make any such claim, the balance of these proceedings will thereby be dismissed administratively.