Aussel and Murphy re McCaffery [2015] NSWCATOD 119

Aussel and Murphy re McCaffery [2015] NSWCATOD 119

On the evidence, Mr McCaffery has complied with all previous conditions, continues rehabilitation, has support from supervising solicitors, and is medically fit. Subject to the listed supervisory conditions, approving his employment as a lay associate poses minimal risk to the public and maintains public confidence in the profession.

Parties
Applicant: Nicholas William Aussel; Applicant: Thomas Arthur Murphy; Subject Lay Associate: Nicholas Luke McCaffery; Regulatory Body: Law Society of New South Wales
Jurisdiction
Australia
Judgment Date
26 October 2015
Procedural Posture
Application for Approval as Lay Associate / Final Judgment and Orders After Hearing
Outcome
Application approved with conditions.
Legal Topics
Lay Associate Approval, Conviction of Serious Offence, Fit and Proper Person, Rehabilitation, Protection of the Public, Supervision of Lay Associate
Administrative Law Legal Profession Regulation Lay Associate Approval Conviction of Serious Offence Fit and Proper Person Rehabilitation Protection of the Public Supervision of Lay Associate

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Parties

Nicholas William Aussel

Applicant

Thomas Arthur Murphy

Applicant

Nicholas Luke McCaffery

Subject Lay Associate

Law Society of New South Wales

Regulatory Body

Procedural Posture

Application for Approval as Lay Associate / Final Judgment and Orders After Hearing

Legal Issues

  1. 1 Whether Mr McCaffery, having been convicted of a serious offence, should be approved for employment as a lay associate in a law practice under s 121(3) of the Legal Profession Uniform Law (NSW)
  2. 2 Whether the proposed supervision and associated conditions adequately protect the public and the standing of the profession

Ratio Decidendi

On the evidence, Mr McCaffery has complied with all previous conditions, continues rehabilitation, has support from supervising solicitors, and is medically fit. Subject to the listed supervisory conditions, approving his employment as a lay associate poses minimal risk to the public and maintains public confidence in the profession.

Court Disposition

Application approved with conditions.

Orders

  • The employment of Nicholas Luke McCaffery as a lay associate by Nicholas William Aussel and Thomas Arthur Murphy, solicitors, is approved subject to the following conditions: (1) He is to be supervised by Aussel and/or Murphy at all times; (2) He is not to have access to or be signatory to any practice account; (3)...