NSW Bar Association -v- Howen [2003] NSWADT 118

NSW Bar Association -v- Howen [2003] NSWADT 118

There was an existing complaint at the time of the Subject Notice, the Subject Notice was valid, and the Respondent failed to comply with it without reasonable excuse. By operation of s 152(4) of the Legal Profession Act 1987, that failure amounted to professional misconduct.

Jurisdiction
Australia
Judgment Date
20 May 2003
Procedural Posture
Information Under Part 10 of the Legal Profession Act 1987 Alleging Professional Misconduct for Failure to Comply With a S 152 Notice / Principal Matter; Decision on Professional Misconduct With Orders to Be Determined After Further Evidence and Submissions
Outcome
Respondent found guilty of professional misconduct; matter to be relisted for evidence and submissions as to orders.
Legal Topics
['professional Misconduct' 'failure to Comply With Statutory Notice' 'legal Profession Act 1987 S 152' 'investigation of Complaint by Bar Association']
['legal Profession Regulation' 'administrative Law'] ['professional Misconduct' 'failure to Comply With Statutory Notice' 'legal Profession Act 1987 S 152' 'investigation of Complaint by Bar Association']

Case Brief

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Procedural Posture

Information Under Part 10 of the Legal Profession Act 1987 Alleging Professional Misconduct for Failure to Comply With a S 152 Notice / Principal Matter; Decision on Professional Misconduct With Orders to Be Determined After Further Evidence and Submissions

Legal Issues

  1. 1 ['Whether there was an existing complaint at the time of the Subject Notice.' 'Whether the Subject Notice was a valid notice under s 152(1) of the Legal Profession Act 1987.' "Whether the Respondent's failure to comply with the Subject Notice was without reasonable excuse and therefore professional misconduct under s 152(4)."]

Ratio Decidendi

There was an existing complaint at the time of the Subject Notice, the Subject Notice was valid, and the Respondent failed to comply with it without reasonable excuse. By operation of s 152(4) of the Legal Profession Act 1987, that failure amounted to professional misconduct.

Court Disposition

Respondent found guilty of professional misconduct; matter to be relisted for evidence and submissions as to orders.

Orders

  • ['That the Respondent is guilty of professional misconduct.' 'Matter to be relisted to receive evidence and further submissions as to the orders that should be made.']