Tangsilsat v Council of the Law Society of New South Wales

[2019] NSWCA 144

NSW Court of Appeal

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Interrogate

Catchwords

1. Legal Practitioners
2. › Disciplinary proceedings
3. › Professional misconduct
4. › Failure to disclose disciplinary action in another profession when applying for renewal of practising certificate
5. › Whether reckless indifference to duty of candour amounts to professional misconduct
6. › Whether paragraphs (a) and (b) of s 297(1) must both be satisfied
7. › Legal Profession Uniform Law (NSW), s 297
1. Legal Practitioners
2. › Disciplinary proceedings
3. › Duty of candour
4. › Application for renewal of practising certificate
5. › Reckless carelessness as to adequacy of disclosure
6. › Whether reckless carelessness equivalent to wilful breach
7. › Legal Profession Uniform General Rules 2015, r 13(1)
1. Administrative Law
2. › Tribunals
3. › Apprehended bias
4. › Statements by tribunal member during hearing
5. › Whether tribunal member's expression of hope that regulatory body would pursue further matters gave rise to reasonable apprehension of bias
6. › Proper role of NCAT in hearing professional conduct matters
1. Administrative Law
2. › Tribunals
3. › Procedural fairness
4. › Whether party afforded opportunity to address adverse material
5. › Use of findings of another regulatory body
6. › Whether findings used as proof of truth or as proof that findings were made

Quick Take

Reckless indifference to the adequacy of disclosure when applying for renewal of a practising certificate — even without deliberate concealment — amounts to professional misconduct under s 297 of the Legal Profession Uniform Law (NSW), and findings of other regulatory bodies may be used as proof that findings were made (not as proof of the underlying facts) to demonstrate the significance of the duty of candour.