Legal Services Commissioner v Paul [2017] NSWCATOD 86

Legal Services Commissioner v Paul [2017] NSWCATOD 86

The respondent knowingly made false statements to NSW Police concerning the status of an indemnity application and related matters, on multiple occasions, in her capacity as a DPP solicitor. This conduct demonstrated dishonesty and a lack of integrity, undermining public confidence in the profession and the administration of justice. Such conduct amounts to professional misconduct as defined in s 497 of the Legal Profession Act 2004 (NSW) and justifies removal from the roll of practitioners.

Jurisdiction
Australia
Judgment Date
31 May 2017
Procedural Posture
Disciplinary Proceedings / Final Orders After Hearing on Consent
Outcome
Orders made by consent: respondent's name removed from the roll of local practitioners, payment of applicant's costs, non-publication order regarding identity of a witness.
Legal Topics
['professional Misconduct' 'misleading Conduct by Lawyers' 'removal From Roll of Practitioners' 'non Publication Orders']
['legal Profession Regulation' 'professional Discipline'] ['professional Misconduct' 'misleading Conduct by Lawyers' 'removal From Roll of Practitioners' 'non Publication Orders']

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Procedural Posture

Disciplinary Proceedings / Final Orders After Hearing on Consent

Legal Issues

  1. 1 ['Whether the respondent engaged in professional misconduct by making false statements to police officers concerning a criminal prosecution and the status of an indemnity application.' 'Whether the respondent should be removed from the roll of local practitioners due to this conduct.' "Whether a non-publication order should be made in respect of a witness's identity."]

Ratio Decidendi

The respondent knowingly made false statements to NSW Police concerning the status of an indemnity application and related matters, on multiple occasions, in her capacity as a DPP solicitor. This conduct demonstrated dishonesty and a lack of integrity, undermining public confidence in the profession and the administration of justice. Such conduct amounts to professional misconduct as defined in s 497 of the Legal Profession Act 2004 (NSW) and justifies removal from the roll of practitioners.

Court Disposition

Orders made by consent: respondent's name removed from the roll of local practitioners, payment of applicant's costs, non-publication order regarding identity of a witness.

Orders

  • ["The respondent's name be removed from the roll of local practitioners." 'The respondent is to pay the costs of the applicant as agreed, and failing agreement as assessed.' 'Publication of the name of the person set out in paragraph 1.2 of the Agreed Statement of Facts and elsewhere in the exhibits before the...