Council of the Law Society of New South Wales v Terepo (No 2) [2019] NSWCATOD 60

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Terepo (No 2) [2019] NSWCATOD 60 Hearing dates: 4 December 2018 Date of orders: 26 April 2019 Decision date: 26 April 2019 Jurisdiction: Occupational Division Before: J Currie, Senior Member P Moran, Senior Member M Bolt, General Member Decision: (1) Recommended that the name of Sesila Fehoko Terepo be removed from the Roll kept by the Supreme Court of New South Wales and the Australian Legal Profession Register; and (2) Ordered that Sesila Fehoko Terepo is to pay the costs of the Council of the Law Society of NSW, as agreed or assessed. Catchwords: PROFESSIONS & TRADES-Solicitor-professional disciplinary proceedings- penalty hearing- previous findings of professional misconduct. Whether the solicitor fit and proper person to be an officer of the Supreme Court-order recommending removal of solicitor's name from the Roll: Legal Profession Uniform Law (NSW) No.16a,s 302 (1) (f); costs order. PRACTICE & PROCEDURE-Non-appearance of Respondent at hearing-whether Respondent had proper notice-whether procedural fairness extended to Respondent. Legislation Cited: Civil and Administrative Tribunal Act 2013 (No. 2) (NSW), Schedule 5. Legal Profession Act 2004 (NSW) Legal Profession Regulation 2005 Legal Profession Uniform Law (NSW) No.16a Cases Cited: A Solicitor v Law Society of New South Wales [2004] 216 CLR 253. Colin Walter Peck (unreported, Solicitors' Statutory Committee 23 April 1981) Dupal v The Law Society of New South Wales [1990] NSWCA 56 Re Evatt; Ex Parte NSW Bar Association (1967) 67 SR (NSW) 236 Jauncey v Law Society (unreported, Court of Appeal NSW, 1 February 1989) Law Society of NSW v Walsh [1997] NSWCA 185 New South Wales Bar Association v Evatt (1968) 117 CLR 177 Prothonotary of the Supreme Court of NSW v P [2003] NSWCA 320 Prothonotary of the Supreme Court of NSW v Ritchard (Unreported, Court of Appeal NSW, 31 July 1987) Stanoevski v The Council of the Law Society of New South Wales [2008] NSWCA 93 Texts Cited: Nil Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Sesila Fehoko Terepo (Respondent) Representation: Solicitors: Council of the Law Society of NSW (Applicant). S Terepo (Self Represented)(Respondent) File Number(s): 2017/00069942 Publication restriction: Nil