Council of the Law Society of New South Wales v Winter (No 2) [2019] NSWCATOD 57

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Winter (No 2) [2019] NSWCATOD 57 Hearing dates: 15 February 2019 Date of orders: 18 April 2019 Decision date: 18 April 2019 Jurisdiction: Occupational Division Before: L Pearson, Principal Member P Moran, Senior Member E Hayes, General Member Decision: (1) The respondent is reprimanded. (2) The respondent is to pay, within 28 days, a fine in the sum of $10,000. (3) The respondent is to undergo education as follows: (a) the respondent must, at his own expense, undertake within 12 months of the orders made by the Tribunal an appropriate course in legal ethics (Course) as approved by the Director, Professional Standards of the Law Society of New South Wales (Director), and therein achieve a pass mark of not less than 50% (Pass Mark); (b) within seven (7) days of receipt of notification of the result of his participation in the Course, the respondent must provide to the Director, the original of such notification; (c) should the respondent fail to achieve the Pass Mark, he must complete any further course in legal ethics as approved by the Director until such time as he achieves the Pass Mark in any further nominated course; and (d) should the respondent fail to achieve the Pass mark within the time period prescribed in (a) above, any practising certificate then held by him shall be suspended (or if not holding a current practising certificate, no such certificate is to be issued to him) until such time as he achieves the Pass Mark; (4) The respondent is to pay the costs of the applicant as agreed or assessed. Catchwords: PROFESSIONS AND TRADES – Solicitor – Professional Disciplinary Proceedings – Findings of Professional Misconduct and Unsatisfactory Professional Conduct – Appropriate orders Legislation Cited: Civil and Administrative Tribunal Act 2013 Legal Profession Uniform Law (NSW) Cases Cited: A Solicitor v Council of the Law Society of New South Wales (2004) 216 CLR 253 Council of the Law Society of New South Wales v Winter [2019] NSWCATOD 2 Law Society of New South Wales v Walsh [1997] NSWCA 185 Re Melvey; ex parte Law Society of New South Wales (1966) 85 WN (Pt1) NSW 289 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)