On 21 January 2008 the Legal Services Division of the Administrative Decisions Tribunal handed down its findings and penalty with respect to two separate (but related) disciplinary applications filed by the Council of the New South Wales Bar Association in respect of Stephen William Cairns.
In matter no 072025 the Tribunal found Stephen William Cairns was in breach of New South Wales Barristers' Rule 37(a) and (b), in that while Stephen William Cairns held an honest belief that he had reasonable grounds for alleging fraud in proceedings, he was in error in holding that belief and had he carefully considered the evidence available, he would have appreciated that it was not capable of supporting an allegation of fraud. The Tribunal found Stephen William Cairns guilty of unsatisfactory professional conduct
In matter no 062020 the Tribunal found Stephen William Cairns had failed to advise his client and his instructing solicitor of the inadequacy of the evidence relied upon to support the client's application. The Tribunal found Stephen William Cairns guilty of unsatisfactory professional conduct
The Tribunal ordered, in respect of each matter, that Stephen William Cairns be reprimanded, that the decision of the Tribunal be published and that Stephen William Cairns pay the Bar Council's costs as agreed or assessed. In respect of matter no 062020, the Tribunal further ordered that the claim for compensation be referred to the Legal Services Commissioner for determination pursuant to s573(1)(b) of the Legal Profession Act 2004.


