Under s 540 of the Legal Profession Act 2004 (NSW), the 'reasonable likelihood' test applies to both findings of primary fact and the characterisation of conduct as unsatisfactory professional conduct, and refers to a lesser standard than the balance of probabilities. Where Tribunal orders are set aside and the matter was determined 'on the papers' without credibility findings, the Court of Appeal may determine the review application itself rather than remitting. A solicitor's persistent failure to pay counsel's fees over two years and failure to communicate with counsel regarding those fees are each reasonably likely to constitute unsatisfactory professional conduct warranting a reprimand rather than a caution.
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