Council of the Law Society of New South Wales v Sideris

The Council of the Law Society of New South Wales (the Applicant) brought proceedings against Mr George Sideris (the Respondent), a legal practitioner, before the Supreme Court of New South Wales. The dispute concerned allegations that Mr Sideris had breached professional conduct rules through his interactions with opposing counsel's client and his communications with various bodies, including the Law Society, the NSW Civil and Administrative Tribunal (NCAT), and legal practitioners. NCAT had previously found Mr Sideris guilty of professional misconduct and recommended his removal from the Roll of Australian lawyers.

The central legal issues before the Supreme Court were whether Mr Sideris's conduct constituted a breach of rules 4.1.2 and 33 of the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (NSW), and consequently, whether he was a fit and proper person to remain on the Roll of Australian lawyers. Rule 4.1.2 prohibits a solicitor from communicating directly with a person about a matter on which another solicitor is acting, without the consent of that other solicitor. Rule 33 addresses the obligation to be courteous and professional in dealings with others.

The Court considered the findings of NCAT, which had determined that Mr Sideris had communicated directly with an opposing lawyer's client on numerous occasions and had engaged in routinely offensive and discourteous communications with legal practitioners, the Law Society, and NCAT itself. The Court noted Mr Sideris's lack of insight into his conduct and the impact it had. Applying the principles of professional responsibility, the Court found that Mr Sideris's actions demonstrated a serious disregard for his professional obligations and undermined the integrity of the legal profession.

Consequently, the Supreme Court declared that Mr Sideris was not a fit and proper person to remain on the Roll of Australian lawyers, ordered that his name be removed from the Roll, and ordered him to pay the Applicant's costs of the proceedings.