A summary of recent NCAT decisions involving solicitors.
Council of the New South Wales Bar Association v GWY [2026] NSWCATOD 23
On 23 February 2026, the New South Wales Civil and Administrative Tribunal (Tribunal) published its (stage 1) decision in disciplinary proceedings commenced by the Council of the New South Wales Bar Association (Council) against GWY (Respondent).
The Tribunal found the Respondent guilty of professional misconduct under s297(1)(b) of the Legal Profession Uniform Law (NSW) (Uniform Law).
The alleged conduct arose in the context of Family Court proceedings in which the Respondent was a party and included allegations that the Respondent failed to comply with their obligations to provide a full and frank disclosure and breached an undertaking.
The Tribunal considered whether the conduct was conduct in connection with the practice of law, and whether it could be found to be unsatisfactory procession conduct under s 296 of the Uniform Law. The Tribunal concluded that s 296 of the Uniform Law requires that ‘there be a sufficiently close connection between the practitioner’s conduct and the practitioner’s practice of law such as to impact upon the standards of competency or diligence of that legal practitioner’, and that connection was not present in this case.
However, the Tribunal considered that the actions of the Respondent demonstrated a pattern of conduct showing blatant disregard for, and disrespect towards, the authority of the Court and thereby undermining the relationship of trust between the judiciary and the profession. The Tribunal concluded that the totality of the Respondent’s conduct justified the finding that they are not a fit and proper person to engage in legal practice.
