Legal Services Commissioner v Nguyen [2019] NSWCATOD 88

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Legal Services Commissioner v Nguyen [2019] NSWCATOD 88 Hearing dates: 3 May 2019 Date of orders: 03 May 2019 Decision date: 07 June 2019 Jurisdiction: Occupational Division Before: M Riordan, Senior Member C Ludlow, Senior Member B Thomson, General Member Decision: 1. The respondent is guilty of professional misconduct on the grounds that she failed to comply with a Notice issued under s 371 of the Legal Profession Uniform Law (NSW) and she breached Rule 43.2 of the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015.

2. The Tribunal orders that: (1) The respondent is reprimanded. (2) The respondent not be granted a practising certificate by the Law Society of New South Wales until she has complied with the Notice issued under s 371 of LPUL.

3. The respondent is to pay the applicant's costs, as agreed or assessed. Catchwords: PROFESSIONS AND TRADES - lawyers - complaints and discipline – Failure to comply with notice issued under s 371 of the Legal Profession Uniform Law (NSW) – Breach of Rule 43.2 of the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 – Whether conduct is properly characterized as professional misconduct or unsatisfactory professional conduct – professional misconduct found Legislation Cited: Civil and Administrative Tribunal Act 2013 (No. 2) Legal Profession Uniform Law Application Act 2015 (NSW) Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 Legal Profession Uniform Law (NSW) Cases Cited: Allinson v General Council of Medical Education and Registration [1894] 1 QB 750 Bechara v Legal Services Commissioner (2010) 79 NSWLR 763 Coe v NSW Bar Association [2000] NSWCA 13 at [21] Council of the Law Society of NSW v Autore [2019] NSWCATOD 55 Legal Services Commissioner v Miskell [2016] NSWCATOD 95 NSW Bar Association v Meakes [2006] NSWCA 340 at [70] Re a Barrister and Solicitor (1979) 40 FLR 1 Re Marraj (a Legal Practitioner) (1955) 15 WAR 12 The Council of The New South Wales Bar Association V Sahade [2007] NSWCA 145 The Legal Practitioners Complaints Committee -V- Lashansky [2007] WASC 211 at [19] Ziems v Prothonotary of the Supreme Court of NSW (1957) 97 CLR 279 Texts Cited: NCAT Occupational Division Guideline (Professional Disciplinary Matters), August 2017 Category: Principal judgment Parties: Legal Services Commissioner (Applicant) Mai Anh Nguyen (Respondent) Representation: Solicitors: Office of the Legal Services Commissioner (Applicant) No appearance, Respondent File Number(s): 2018/00345042