Council of the New South Wales Bar Association v McDonald [2019] NSWCATOD 127

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the New South Wales Bar Association v McDonald [2019] NSWCATOD 127 Hearing dates: 21 April and 21 May 2019 Date of orders: 22 August 2019 Decision date: 22 August 2019 Jurisdiction: Occupational Division Before: I H Bailey AM SC, Senior Member G Blake AM SC Senior Member M E Bolt, General Member Decision: 1. So much of the Application filed in these proceedings on 12 June 2018 as sought orders in respect of Grounds 1, 2 and 6 are dismissed.

2. Grounds 3, 4 and 5 of the Application filed in these proceedings on 12 June 2018 are varied in the terms in the Instrument of Consent filed on 13 May 2019.

3. A finding that the Respondent is guilty of professional misconduct as set out below:

a) The Respondent did not give proper consideration to the effect, or possible effect, on the recipient of an email he sent on 17 June 2014 at 7.11am to Mr Saso Colevski;

b) The Respondent drafted and entered into an agreement with Phase 1 Transport Pty Limited to the effect that Mr Saso Colevski had no complaint against the Respondent, before the Respondent would release the file held;

c) The Respondent deployed the Notice of Listing he received from the NSW Supreme Court on 7 May 2014 in correspondence with Mr Saso Colevski sent on 7 May 2014 in an inappropriate manner.

4. Pursuant to section 562(2)(e) of the Legal Profession Act 2004 that the Respondent be reprimanded in respect of each finding of professional misconduct.

5. Pursuant to section 562(5) of the Legal Profession Act 2004 that the Respondent make a formal written apology to Mr Saso Colevski for his professional misconduct referred to in subparagraph (3)(a).