In the matter of a referral of a solicitor to the Law Society of NSW; EL v DE and the Secretary, Department of Family and Community Services [2015] NSWDC 59

In the matter of a referral of a solicitor to the Law Society of NSW; EL v DE and the Secretary, Department of Family and Community Services [2015] NSWDC 59

Exceptional circumstances were found due to the failure by the mother's solicitor to file evidence addressing the necessary change in circumstances and failure to disclose relevant material, justifying a costs order against the solicitor. The solicitor's conduct warranted referral to the Law Society of NSW.

Jurisdiction
Australia
Judgment Date
13 April 2015
Procedural Posture
Care and Protection Proceedings / Appeal / Post Hearing, Orders and Referral
Outcome
Orders approved; costs against solicitor; referral to Law Society of NSW
Legal Topics
['care and Protection Proceedings' 'costs Orders' 'referral of Solicitor' 'consent Orders' 'leave to Appeal']
['family Law' "children's Law" 'professional Conduct'] ['care and Protection Proceedings' 'costs Orders' 'referral of Solicitor' 'consent Orders' 'leave to Appeal']

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Procedural Posture

Care and Protection Proceedings / Appeal / Post Hearing, Orders and Referral

Legal Issues

  1. 1 ['Parenting and care arrangements for the child S' 'Whether the solicitor for the mother should be referred to the Law Society of NSW']

Ratio Decidendi

Exceptional circumstances were found due to the failure by the mother's solicitor to file evidence addressing the necessary change in circumstances and failure to disclose relevant material, justifying a costs order against the solicitor. The solicitor's conduct warranted referral to the Law Society of NSW.

Court Disposition

Orders approved; costs against solicitor; referral to Law Society of NSW

Orders

  • ['Orders made approving the memorandum of consent orders on the substantive proceedings.' 'Solicitor for the Plaintiff, George Potkonyak, to pay the costs of the paternal grandmother of and incidental to the proceedings, as assessed or agreed.' "Registrar to forward a copy of the remarks, mother's affidavit sworn 27...