Council of the Law Society of New South Wales v Searle [2019] NSWCATOD 70

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Searle [2019] NSWCATOD 70 Hearing dates: 14 December 2018; submissions closed 3 January 2019 Date of orders: 08 May 2019 Decision date: 08 May 2019 Jurisdiction: Occupational Division Before: L Pearson, Principal Member P Moran, Senior Member E Hayes, General Member Decision: (1) Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013, and subject to any further order of the Tribunal, disclosure of the names of the former client of the Respondent (referred to as the "Wife"), the Wife's former de facto partner (referred to as the "Husband") and the step-daughter of the Husband is prohibited; (2) The Respondent is guilty of unsatisfactory professional conduct and professional misconduct; (3) The Respondent is reprimanded; (4) The Respondent is to pay, within 28 days, a fine in the sum of $12,000; (5) The Respondent is to undergo education as follows: (a) the Respondent, at her own expense, is to undertake within six (6) months of the orders made by the Tribunal (and during which the Respondent holds a current practising certificate) a course in Legal Ethics that is approved by the Director, Professional Standards of the Law Society of New South Wales (the Director, Professional Standards), and therein achieve a pass mark of not less than 50% (Pass Mark). Further: (i) the Respondent will, within seven (7) days of receipt of notification of the result of that approved course in Legal Ethics, provide to the Director, Professional Standards, the original result notification from the provider of that course; (ii) should the Respondent fail to achieve the Pass Mark, she shall complete any further course in Legal Ethics as approved by the Director, Professional Standards, until such time as she achieves the Pass Mark; and (iii) should the Respondent fail to achieve the Pass mark within the six (6) month time period referred to above, her practising certificate shall be suspended until such time as she achieves the Pass Mark; and (6) The Respondent is to pay the costs of the applicant as agreed or assessed. Catchwords: PROFESSIONS AND TRADES- Solicitor – Family Law proceedings –Use of settlement offers in affidavit evidence – Whether unsatisfactory professional conduct – Use of other material in settlement negotiations - Professional misconduct - Penalty Legislation Cited: Civil and Administrative Tribunal Act 2013 Evidence Act 1995 (Cth) Family Law Act 1975 (Cth) Family Law Rules 2004 (Cth) Legal Profession Uniform Law (NSW) Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 Cases Cited: Allinson v General Council of Medical Education and Registration [1894] 1 QB 750 A Solicitor v Law Society of New South Wales (2004) 216 CLR 253 Cottard v Crichton [2016] FamCA 819 Law Society of New South Wales v Walsh [1997] NSWCA 185 Legal Practitioners Complaints Committee v Segler [2009] WASAT 91 Legal Profession Complaints Committee v Amsden [2014] WASAT 57 Legal Services Commissioner v Bryden and Hagipantelis (No 3) [2012] NSWADT 225Legal Services Commissioner v Searle [2016] NSWCATOD 23 Re Melvey; ex parte Law Society of New South Wales (1966) 85 WN (Pt1) NSW 289 Russo v Legal Services Commissioner [2016] NSWCA 306 Texts Cited: Nil Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Deborah Jean Searle (Respondent) Representation: Counsel: P A Maddigan (Applicant) M Pesman SC (Respondent)