Recent Cases

Tangsilsat v Council of the Law Society of New South Wales [2019] NSWCA 144 (19 June 2019) (Bell P at [1]; Macfarlan JA at [10]; White JA at [11])


LEGAL PRACTITIONERS — Disciplinary proceedings — Appeal against decision of NSW Civil and Administrative Tribunal (“NCAT”) — Appellant failed to disclose to Law Society her suspension by the Migration Agents Registration Authority (“MARA”) from practising as a migration agent — Whether NCAT erred in finding nondisclosure of suspension amounted to professional misconduct within the meaning of s 297 of the Legal Profession Uniform Law (NSW) — Whether certain statements by member of NCAT during course of hearing sufficient to ground a reasonable apprehension of bias — Whether appellant denied procedural fairness in relation to NCAT’s use of the fact of the MARA finding

ADMINISTRATIVE LAW – tribunals – proper role of NCAT in hearing professional conduct matters – not appropriate for Tribunal member to express “hope” as to what further investigations Law Society might undertake