Legal Services Commissioner v Livers [2019] NSWCATOD 180

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Legal Services Commissioner v Livers [2019] NSWCATOD 180 Hearing dates: 20 and 21 June and 15 October 2019 Date of orders: 27 November 2019 Decision date: 27 November 2019 Jurisdiction: Occupational Division Before: The Hon F Marks, Principal Member P Moran, Senior Member J Schwager AO, General Member Decision: (1) The proceedings are stood over to a date to be fixed by the Registrar for a Stage 2 hearing to determine whether and what if any protective orders should be made and to determine whether a costs order should be made. Catchwords: LEGAL PRACTITIONER – application for legal funding on behalf of client – allegations that practitioner had altered date of audiogram, had created client statement that was false and that application form was misleading all to secure funding – circumstantial evidence – held allegations proven to Briginshaw standard – finding of professional misconduct – proceedings stood over for stage 2 hearing and costs Legislation Cited: Legal Profession Act 2004 (NSW) Workers Compensation Act 1987 (NSW) Cases Cited: Allison v General Council of Medical Education and Registration [1894] QBD 750 Chamberlain v The Queen (No.2) [1984] HCA 7; (1984) 153 CLR 521 Livers v Legal Services Commissioner [2018] NSWCA 319 Murphy v Farmer [1988] HCA 31; (1988) 165 CLR 19 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66 Category: Principal judgment Parties: Legal Services Commissioner (Applicant) Peter James Livers (Respondent) Representation: Counsel: T L Wong SC (Applicant) S Prince SC and E Olivier (Respondent)