NSW Bar Association v Meakes

The New South Wales Bar Association appealed to the Court of Appeal against orders made by the Administrative Decisions Tribunal concerning a barrister, Mr Meakes. The dispute centred on allegations that Mr Meakes had overcharged his client, Mr Chitty, for legal services provided between June 1999 and December 2000, and had failed to comply with disclosure requirements under the *Legal Profession Act 1987* (NSW).

The Court was required to determine whether Mr Meakes' conduct amounted to professional misconduct or unsatisfactory professional conduct, and to consider the appropriate penalty. The appeal also involved questions regarding the jurisdiction of the Court of Appeal and the interaction between the *Legal Profession Act 1987* and the *Legal Profession Act 2004*.

The Court found that Mr Meakes' conduct in relation to gross overcharging constituted professional misconduct, while his failure to comply with disclosure obligations amounted to unsatisfactory professional conduct. The Court reasoned that the overcharging contravened the high standards of honesty and integrity expected of legal practitioners, and that while the *Legal Profession Act 2004* governed the appeal, the substantive standards of professional conduct had not changed significantly since the *Legal Profession Act 1987* was in force when the conduct occurred.

The Court of Appeal allowed the appeal, setting aside the Tribunal's orders. Mr Meakes was found guilty of professional misconduct regarding the overcharging and unsatisfactory professional conduct concerning the disclosure failures. He was publicly reprimanded and ordered to pay the costs of the Bar Association for both the proceedings before the Tribunal and the appeal. One judge also proposed a fine of $15,000, considering the seriousness of the misconduct and the need for the Court's disapproval to be sufficiently marked, but this was not ultimately part of the majority orders.