Tangsilsat v Council of the Law Society of New South Wales [2019] NSWCA 144

Tangsilsat v Council of the Law Society of New South Wales [2019] NSWCA 144

The appeal was dismissed because the Tribunal did not find dishonesty or treat the MARA delegate's adverse findings as proof of the underlying matters, but was entitled to use the fact that such findings and a suspension had been made to assess the appellant's appreciation of her duty of candour. The appellant had a duty to make full and accurate disclosure when renewing her practising certificate, and the Tribunal's findings that she was recklessly indifferent to the adequacy of her disclosure, lacked understanding of the high degree of trust reposed in solicitors, and lacked appreciation of her duty of candour justified a finding of professional misconduct under s 297. The exchanges...

Jurisdiction
Australia
Judgment Date
19 June 2019
Procedural Posture
Appeal From NSW Civil and Administrative Tribunal Professional Misconduct Finding / Court of Appeal Decision on Appeal
Outcome
Appeal dismissed.
Legal Topics
['professional Misconduct' 'duty of Candour in Practising Certificate Renewal' 'disciplinary Proceedings' 'apprehended Bias' 'procedural Fairness' 'tribunal Powers to Vary Disciplinary Applications']
['legal Practitioners' 'administrative Law'] ['professional Misconduct' 'duty of Candour in Practising Certificate Renewal' 'disciplinary Proceedings' 'apprehended Bias' 'procedural Fairness' 'tribunal Powers to Vary Disciplinary Applications']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal From NSW Civil and Administrative Tribunal Professional Misconduct Finding / Court of Appeal Decision on Appeal

Legal Issues

  1. 1 ["Whether the Tribunal erred in finding that the appellant's nondisclosure of her suspension by the Migration Agents Registration Authority amounted to professional misconduct within s 297 of the Legal Profession Uniform Law (NSW)." 'Whether statements made by a Tribunal member during the hearing gave rise to a reasonable apprehension of bias.' "Whether the appellant was denied procedural fairness in relation to the Tribunal's use of the fact that adverse MARA findings had been made." 'Whether s 297(1)(a) and s 297(1)(b) of the Legal Profession Uniform Law (NSW) had to be satisfied conjunctively before professional misconduct could be found.' "Whether the Tribunal impermissibly treated the MARA delegate's findings as proof of the underlying facts."]

Ratio Decidendi

The appeal was dismissed because the Tribunal did not find dishonesty or treat the MARA delegate's adverse findings as proof of the underlying matters, but was entitled to use the fact that such findings and a suspension had been made to assess the appellant's appreciation of her duty of candour. The appellant had a duty to make full and accurate disclosure when renewing her practising certificate, and the Tribunal's findings that she was recklessly indifferent to the adequacy of her disclosure, lacked understanding of the high degree of trust reposed in solicitors, and lacked appreciation of her duty of candour justified a finding of professional misconduct under s 297. The exchanges...

Court Disposition

Appeal dismissed.

Orders

  • ['Appeal dismissed.' 'Discharge the order made on 22 October 2018 that further proceedings between the appellant and respondent in the NSW Civil and Administrative Tribunal be stayed.' "Appellant pay the respondent's costs."]