Administrative Decisions Tribunal New South Wales

• Medium Neutral Citation: Azzi v Bar Association of NSW [2012] NSWADT 226
• Hearing dates: 19 March 2012
• Decision date: 19 March 2012
• Jurisdiction: Legal Services Division
• Before: S Norton, SC Judicial member; R Wright, Judicial member; J Butlin, Non-Judicial member

Decision

The Tribunal orders :

1. The Respondent be publicly reprimanded.

2.The first practising certificate issued to the Respondent after the date of these orders shall be subject to the following conditions:

1. Supervision

The holder of this certificate (the "Holder") must undergo one year of supervision (the "Supervision Period") under the supervision of a senior or junior counsel nominated by the Bar Council (the Supervisor") who is to be made aware of these proceedings.

2.Obligations during the Supervision Period

During the Supervision Period, the Holder must do the following:

(a) attend (at his cost) and satisfactorily complete the Australian Bar Association course in Essential Trial Advocacy or an equivalent course of study approved by the Bar Council.

(b) study under the Supervisor including reading and discussing briefs with the Supervisor.

(c) attend on the Supervisor at least once per calendar month who shall be required to report to the Bar Council as to the holder's competence on a quarterly basis.

3. Direct client access prohibition during the Supervision Period.

The Holder must not accept or undertake work on a direct access basis during the Supervision period.

(b) if the first practising certificate issued to the Respondent after the date of these orders is subject to any condition in addition to those referred to in 2(a) above (including the conditions ordinarily applied to practising certificates issued to Parliamentary Counsel or Academic Barristers), then the first practising certificate issued to the Respondent which is not subject to those additional conditions shall be subject to conditions 1, 2(b), 2(c) and 3 referred to in 2(a) above.

3. Each party shall pay their own costs.

• Catchwords: Unsatisfactory Professional Conduct
• Legislation Cited: Legal Profession Act 2004
• Category: Principal judgment
• Parties: New South Wales Bar Association (Applicant); John George Azzi (Respondent)
• Representation: Counsel; Mr Webb QC, (Respondent); Eakin McCaffrey Cox (Applicant); Carter Newell Lawyers (Respondent)
• File Number(s): 112003

REASONS FOR DECISION

1. The Legal Services Commissioner, the Applicant and the Respondent have agreed upon the terms of this instrument of Consent and agree to the Tribunal making the following orders:

2. The Tribunal finds that the Respondent has engaged in unsatisfactory professional conduct in relation to his involvement in the matter of Mills v Perpetual Trustee Limited as Custodian for ABACUS Ashfield Mall Property Trust & Ors (District Court proceedings no. 1078 of 2005) (the "Mills Matter").

3. The relevant conduct upon which the Tribunal so finds is that identified in Grounds 2, 3, 6 and 7 of the Application and the particulars given thereto to the extent that they relate to the Mills matter.

4. Pursuant to s562(2)(e) Legal Profession Act 2004, the Tribunal orders that the Respondent be publicly reprimanded.

5. Pursuant to s562(4) Legal Profession Act 2004, the Tribunal orders that:

(a) the first practising certificate issued to the Respondent after the date of these orders shall be subject to the following conditions:

"1. Supervision

The holder of this certificate (the "Holder") must undergo one year of supervision (the "Supervision Period") under the supervision of a senior or junior counsel nominated by the Bar Council (the "Supervisor") who is to be made aware of these proceedings.

2. Obligations during the Supervision Period

During the Supervision Period, the Holder must do the following:

(a) attend (at his cost) and satisfactorily complete the Australian Bar Association course in Essential Trial Advocacy or an equivalent course of study approved by the Bar Council.

(b) study under the Supervisor including reading and discussing briefs with the Supervisor.

(c) attend on the Supervisor at least once per calender month who shall be required to report to the Bar Council as to the holder's competence on a quarterly basis.

3. Direct client access prohibition during the Supervision Period.

The Holder must not accept or undertake work on a direct access basis during the Supervision period.

(b) if the first practising certificate issued to the Respondent after the date of these orders is subject to any condition in addition to those referred to in 4(a) above (including the conditions ordinarily applied to practising certificates issued to Parliamentary Counsel or Academic Barristers), then the first practising certificate issued to the Respondent which is not subject to those additional conditions shall be subject to conditions 1, 2(b), 2(c) and 3 referred to in 4(a) above.

4. Each party shall pay their own costs."

6. The Tribunal notes that it has read the instrument of consent and the annexures thereto and we agree that the proposed orders in the short minutes are appropriate and we make those orders.

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Decision last updated: 01 November 2012