Tribunal decisions of 25 June 2003 & 3 September 2003
On 25 June 2003 the Legal Services Division of the Administrative Decisions Tribunal handed down its findings with respect to two Informations filed by the Bar Council arising from complaints made by Mr A Hamod and the Bar Council against Michael Saadey Abdul-Karim.
In respect of Information No. 012009, the Tribunal found Michael Saadey Abdul-Karim guilty of professional misconduct on seven grounds and guilty of unsatisfactory professional conduct on one ground.
In respect of Information No. 012033, the Tribunal found Michael Saadey Abdul-Karim guilty of professional misconduct on two grounds and guilty of unsatisfactory professional conduct on two grounds.
On 3 September 2003, the Tribunal handed down its decision on penalty and costs. The Tribunal ordered:
- that the name of Michael Saadey Abdul-Karim be removed from the Roll of Legal Practitioners in New South Wales,
- that the practising certificate of Michael Saadey Abdul-Karim be cancelled, and
- that Michael Saadey Abdul-Karim pay the Association's costs of $98,79
Michael Saadey Abdul-Karim appealed the Tribunal's decision. On 17 February 2004 the Appeal Panel handed down its judgment. The Appeal Panel made the following orders:
- Appeal dismissed.
- Order that Michael Saadey Abdul-Karim pay the Bar Association's costs of the appeal.
On 21 February 2005, the Court of Appeal heard an appeal by Michael Saadey Abdul-Karim against the Appeal Panel's decision of 17 February 2004. The Court of Appeal ordered that the appeal be dismissed with costs.
Tribunal decisions of 27 March 2003 & 17 June 2003
On 27 March 2003, in respect of a complaint made by the Bar Council, the Legal Services Division of the Administrative Decisions Tribunal found Michael Saadey Abdul-Karim guilty of professional misconduct within the meaning of sec 127 (1) of the Legal Profession Act 1987 in the following respects:
1. Michael Saadey Abdul-Karim inserted into a caveat a description of the alleged interest of his client in land which Michael Saadey Abdul-Karim knew to be false or misleading, by reason that the Supreme Court had already determined that such interest was unenforceable and not properly the subject of a caveat in respect of the land.
2. Michael Saadey Abdul-Karim inserted into the caveat the expression 'Appeal against judgment of Justice Hamilton', when he had no knowledge that any such appeal had been brought.
On 17 June 2003 the Tribunal handed down its decision on penalty and costs. The Tribunal ordered:
That Michael Saadey Abdul-Karim undertake at the next available session, the course of studies offered by The New South Wales Bar Association Readers course in Ethics, Practice and Procedure and Evidence, AND that he achieve a performance at examination or assessment (whichever being applicable to the students at the time) of pass.
That Michael Saadey Abdul-Karim pay the costs of the Association of $33,300.00.
Michael Saadey Abdul-Karim appealed the Tribunal's decision. Subsequently he sought leave to withdraw his appeal. On 17 February 2004 the Appeal Panel handed down its decision. The Appeal Panel made the following orders:
- That Michael Saadey Abdul-Karim be granted leave to withdraw his Notice of Appeal.
- That Michael Saadey Abdul-Karim pay the Bar Association's costs of the appeal.
The effect of the Appeal Panel's orders is that the orders made on 17 June 2003 stand.
Tribunal decisions of 22 February 2002 & 13 September 2002
On 22 February 2002 in respect of a complaint made by Mr Costa Layous, the Legal Services Division of the Administrative Decisions Tribunal found Michael Saadey Abdul-Karim guilty of unsatisfactory professional conduct.
On 13 September 2002 , the Tribunal handed down its decision on penalty and costs. The Tribunal ordered:
- that Michael Saadey Abdul-Karim be publicly reprimanded,
- that Michael Saadey Abdul-Karim pay the Association's costs, and
- that Michael Saadey Abdul-Karim pay the sum of $1,137 compensation to Mr Costa Layous.