Council of the New South Wales Bar Association v Fitzgibbon

The New South Wales Bar Association sought disciplinary action against one of its members, a barrister named Mr Fitzgibbon. The association alleged that Mr Fitzgibbon's conduct was unsatisfactory in two respects. The matter was heard by the Legal Services Commission Disciplinary Tribunal, which has the authority to hear complaints about the conduct of legal practitioners in New South Wales.

The tribunal considered whether Mr Fitzgibbon's conduct warranted a finding of unsatisfactory professional conduct under the Legal Profession Act 2004 (NSW). The association alleged that Mr Fitzgibbon had acted in a way that was dishonourable or disgraceful, and that he had engaged in conduct that was incompatible with the proper discharge of his professional duties. The tribunal had to decide whether these allegations were proven, and if so, what disciplinary action should be taken.

The tribunal found that the association had established the first allegation, that Mr Fitzgibbon's conduct was dishonourable or disgraceful. However, it dismissed the second allegation, that Mr Fitzgibbon's conduct was incompatible with the proper discharge of his professional duties. The tribunal ordered that the association and Mr Fitzgibbon file further affidavits and evidence in relation to the appropriate disciplinary action to be taken. The matter was relisted for further directions and a hearing to determine the appropriate orders.

The tribunal found that Mr Fitzgibbon's conduct amounted to unsatisfactory professional conduct, but did not make any orders regarding the appropriate disciplinary action to be taken. The matter was relisted for further directions and a hearing to determine the appropriate orders.