Council of the Law Society of NSW v Sheehan

The case of the Council of the Law Society of New South Wales versus Sheehan involved a disciplinary action against the respondent, a solicitor, for alleged professional misconduct. The Council brought the application against Sheehan due to a series of failures that included non-compliance with orders and directions, not filing a proper reply, and failing to provide any evidence in response to an application. The nature of the dispute centred on whether Sheehan was provided with a reasonable opportunity to defend the application and if there was any apprehension of bias in the proceedings. This matter was heard and determined by the Legal Services Commissioner in the New South Wales Civil and Administrative Tribunal.

The legal issues before the Commissioner involved a determination of whether the respondent had indeed engaged in professional misconduct as alleged and, if so, what the appropriate sanction should be. A critical issue was whether Sheehan was given a fair chance to present his case and respond to the allegations, especially in light of claims that there was an apprehension of bias against him. The Commissioner had to assess the evidence and submissions presented to decide if the allegations of professional misconduct were substantiated and, if they were, to determine the appropriate disciplinary action to be taken against Sheehan.

The Commissioner found that the allegations of professional misconduct were substantiated on all 15 grounds presented by the Council. The Commissioner concluded that Sheehan had not been provided with a reasonable opportunity to defend the application and had failed to adduce any evidence in response. Furthermore, the Commissioner noted that there was no evidence of apprehended bias. The Commissioner determined that these failures constituted professional misconduct warranting disciplinary action. Consequently, Sheehan's name was to be removed from the Roll of Local Lawyers, and he was ordered to pay the costs of the application.

The final orders included a declaration that Sheehan was guilty of professional misconduct on all grounds, his removal from the Roll of Local Lawyers, and a requirement for Sheehan to pay the costs of the application as agreed or assessed. These orders reflect the Commissioner's finding that Sheehan's conduct warranted significant disciplinary action and that the interests of the legal profession and the public were best served by his disbarment.