Council of the Law Society of NSW v Byrne [2016] NSWCATOD 168

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Byrne [2016] NSWCATOD 168 Hearing dates: 21 March 2016 Date of orders: 21 March 2016 Decision date: 21 March 2016 Jurisdiction: Occupational Division Before: Hon G Mullane DCJ, Principal Member D Fairlie, Senior Member E Hayes, General Member Decision: (1) The respondent, Hugh James Byrne, is guilty of professional misconduct; (2) The name of the respondent is to be removed from the Roll of Solicitors; (3) In matter 15201196, the respondent must pay the costs of the Legal Services Commissioner of and incidental to the proceedings as agreed or assessed; (4) In each of matters numbered 1420166 and 1520188, the respondent must pay the costs of the Law Society of NSW of or incidental to the proceedings as agreed or assessed. Catchwords: Solicitor, disciplinary proceedings, professional misconduct, not assist investigation, not comply with sec 660 Notice, commenced proceedings with no prospect of success, claiming costs for work not done, bogus documents, attempting to mislead Law Society, false statutory declaration, substantial failure to maintain competence and diligence. Lack of integrity, not fit and proper person to removed from roll. Legislation Cited: Legal Profession Act 2004; Legal Profession Uniform Law (NSW); Legal Profession Uniform Law Application Act 2014 (NSW); Civil & Administrative Tribunal Act 2013 Cases Cited: BRJ v Councill of the NSW Bar Association [2016] [NSWSC 146: Legal Services Tribunal (in the matter of Hugh James Byrne and the Legal Profession Act 1987) (23 November 1995 – unreported); Legal Services Commissioner Byrne [2000] NSW ADT 70 (31 May 2000); NSW Bar Association v Breeze [2015] NSW CATOD 152 (18 December 2015); Council of the Law Society of NSW v Gates [2016] NSW CATOD 35 (30 March 2016); Allinson v General Council for Medical Education and Registration [1894] 1 QB 750; Texts Cited: Nil Category: Principal judgment Parties: Council of the Law Society of NSW (Applicant) Hugh James Byrne (Respondent) Representation: Solicitors: C Gronewegen (Applicant) No Appearance by the Respondent File Number(s): 2014/00382661 (1420166) & 2015/00383873 (1520188) Publication restriction: Nil