Hawkins v Council of the NSW Bar Association [2019] NSWCATOD 148

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hawkins v Council of the NSW Bar Association [2019] NSWCATOD 148 Hearing dates: 11 – 13 March, 27 June and 22 November 2019 Date of orders: 28 November 2019 Decision date: 28 November 2019 Jurisdiction: Occupational Division Before: The Hon F Marks, Principal Member P Durack SC, Senior Member M Bolt, General Member Decision: 1 In so far as they concern the applicant's conduct set out in paragraphs 170, 200 and 206 of the reasons for this decision, affirm the decisions of the Council of the New South Wales Bar Association concerning the applicant made on 22 February 2018, as set out in paragraph 12 of the reasons for this decision, which found that the applicant engaged in unsatisfactory professional conduct and reprimanding the applicant in respect of such conduct. 2 Otherwise, set aside the decisions of the Council of the New South Wales Bar Association referred to in Order 1. 3 Affirm the decision of the Council of the New South Wales Bar Association concerning the applicant made on 22 February 2018, as set out in paragraph 12 of the reasons for this decision, which ordered the applicant to reduce her fees in her invoice dated 11 June 2015 and refund the amount of $22,500 to Harry Griffiths, save that such amount is to be refunded to Harry Griffiths within 21 days of this decision. 4 Costs reserved. Catchwords: LEGAL PROFESSION – barrister's disciplinary matter – administrative review of decisions of the NSW Bar Council – unsatisfactory professional conduct – pressure applied to third party funder/relative to pay fees – charging for unnecessary work – reprimand – order to refund portion of fees Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Criminal Code Act 1899 (Qld) (Queensland Criminal Code) Electronic Transactions Act 2000 (NSW) Jury Act 1995 (Qld) (Queensland Jury Act) Justice Legislation Amendment Act (No 2) 2019 (NSW) Legal Profession Act 2004 (NSW) Legal Profession Uniform Law 2015 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Bushell v Repatriation Commission (1992) 175 CLR 408 Council of the New South Wales Bar Association v Asuzu [2011] NSWADT 209 De Pardo v Legal Practitioners Complaints Committee [2003] WASCA 274 Donaghy v The Council of the Law Society of New South Wales [2013] NSWCA 154 Playford v The Queen; Griffiths v The Queen [2014] HCATrans 20 R v Griffiths [2013] QCA 120 Veghelyi v Law Society of New South Wales (Court of Appeal (NSW), 6 October 1995, unrep) Voth v Manildra Flour Mills Pty Ltd [1990] HCA 55; (1990) 171 CLR 538 Category: Principal judgment Parties: Dymphna Hawkins (Applicant) Council of the NSW Bar Association (Respondent) Representation: Counsel: S Prince SC and F Graham (Applicant) D McLure SC (Respondent)