New South Wales Bar Association v Sahade (No 3)

Case

[2006] NSWADT 39

02/08/2006


Details
AGLC Case Decision Date
New South Wales Bar Association v Sahade (No 3) [2006] NSWADT 39 [2006] NSWADT 39 02/08/2006

CaseChat Overview and Summary

The New South Wales Bar Association brought proceedings against Sahade, a barrister, on the basis that he was not of good fame and character. The case was heard in the Supreme Court of New South Wales. The association alleged that the barrister had engaged in dishonest and dishonourable conduct, which brought the profession into disrepute, by making false statements in his affidavit in relation to the amount of money he owed to his former employer, the Law Society of New South Wales. The association sought a finding of professional misconduct and a public reprimand.

The court had to determine whether the allegations of dishonesty and dishonour constituted professional misconduct and whether the barrister was not of good fame and character. The court examined the evidence and submissions from both parties and considered the relevant legal principles. The court found that the barrister had indeed made false statements in his affidavit, which amounted to dishonest and dishonourable conduct. The court also found that this conduct brought the profession into disrepute and that the barrister was not of good fame and character.

The court ordered that the barrister be publicly reprimanded and pay a fine of $10,000. The court also ordered the barrister to pay the costs of the Council of an incidental to these proceedings. The court's decision was based on the evidence and submissions presented to it and the relevant legal principles. The court's orders were designed to uphold the standards of the legal profession and protect the public from dishonourable conduct by lawyers.
Details

Areas of Law

  • Ethics & Legal Profession

Legal Concepts

  • Professional Misconduct

  • Public Reprimand

  • Costs

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Statutory Material Cited

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