Council of the Law Society of the Act v Legal Practitioner “WA” (No.2) (Occupational Discipline)

The respondents, the Council of the Law Society of the ACT and Legal Services Commissioner, brought a complaint against the applicant, a legal practitioner in the ACT and NSW, before the Administrative Appeals Tribunal. The complaint alleged that the applicant's conduct was unsatisfactory for the purposes of the Legal Profession Uniform Law. The Tribunal found that the applicant's conduct was unsatisfactory and ordered that his name be removed from the roll of legal practitioners in NSW.

The Tribunal considered whether the applicant's conduct was unsatisfactory and, if so, what the appropriate penalty should be. The Tribunal found that the applicant's conduct was unsatisfactory and that the appropriate penalty was that his name be removed from the roll of legal practitioners in NSW.

The Tribunal considered the evidence and submissions of both parties and found that the applicant's conduct was unsatisfactory. The Tribunal found that the applicant had made false and misleading statements to the Tribunal and had acted in a way that was dishonourable and disgraceful. The Tribunal also found that the applicant had failed to take reasonable steps to protect the interests of his clients and had acted in a way that was likely to undermine public confidence in the legal profession. The Tribunal concluded that the appropriate penalty was that the applicant's name be removed from the roll of legal practitioners in NSW.

The Tribunal ordered that the order of 15 November 2015 in this matter be amended by deleting order 2 and substituting the following: "The Tribunal recommends pursuant to section 425(4)(a) of the Legal Profession Act 2006 that the name of the Respondent be removed from the roll of practitioners of the Supreme Court of New South Wales."