Lin and Han

This matter came before Judge Harman concerning a dispute involving Mr Lin and Mr Han. The proceedings involved an examination of the conduct and advice provided by a solicitor, Mr Zhang, in relation to a financial agreement. The court was required to consider whether to refer Mr Zhang's conduct to the Legal Services Commissioner of New South Wales.

The central legal issues before the court were whether Mr Zhang's evidence was reliable, whether he had acted competently and ethically in providing advice regarding the financial agreement, and whether his conduct warranted notification to the Legal Services Commissioner. Specifically, the court considered arguments raised by Mr Zhang against such notification, including claims that an adverse view was formed prematurely, that he was not afforded counsel, that he did not require an interpreter, that parties did not formally cross-examine him, that a Lawcover notification request was made prematurely, that he was unwell, and that his actions were out of character.

Judge Harman found Mr Zhang's evidence to be internally inconsistent, implausible, and difficult to follow, leading the court to be unable to accept it as reliable. The court rejected Mr Zhang's submissions against notification to the Legal Services Commissioner, finding that a "notifiable event" arose when the proceedings commenced and that Mr Zhang should have notified Lawcover much earlier. The court expressed concerns not about Mr Zhang's ethics, but about his competence and fitness to provide advice in family law matters, based on his evidence regarding his practices, failure to keep file notes, issue receipts, and his comprehension of confidentiality duties.

Consequently, Judge Harman ordered that the Registrar of the Court forward to the Legal Services Commissioner of New South Wales copies of the reasons for judgment, the transcript of Mr Zhang's evidence, his submissions, and relevant documents from Exhibit A2, including the financial agreement checklist, the financial agreement itself, correspondence, and a draft affidavit.