Council of the Law Society of New South Wales v DRE [2019] NSWCATOD 147

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v DRE [2019] NSWCATOD 147 Hearing dates: 27 August 2019 Date of orders: 30 September 2019 Decision date: 30 September 2019 Jurisdiction: Occupational Division Before: Cole DCJ, Deputy President M D Schyvens, Deputy President Professor P Foreman, General Member Decision: 1. The application filed on 19 December 2018 is dismissed. 2. The publication of the names of any person or law practice referred to in the application for disciplinary findings and orders filed on 19 December 2018 in this matter, or any material fact or information that could identify those persons or law practices, is prohibited. 3. The applicant is to pay the respondent's costs as agreed or assessed. 4. Pursuant to section 64 of the Civil and Administrative Tribunal Act 2013 and pending further order of the Tribunal, access to and disclosure of documents and evidence filed in the Tribunal in relation to this matter is restricted to the Office of the Legal Services Commissioner, the parties, and their respective legal representatives. Catchwords: PROFESSIONS AND TRADES – lawyers – dismissal by consent for procedural defect – costs – special circumstances Legislation Cited: Legal Profession Uniform Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Council of the Law Society of NSW v DXW [2019] NSWCATOD 101 Council of the Law Society of New South Wales v Judah [2019] NSWCATOD 135 Oshlack v Richmond River Council (1998) 193 CLR 72 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) DRE (Respondent) Representation: Counsel: P Maddigan (Applicant) R S Hollo SC (Respondent)