On 9 January 2003 the Legal Services Division of the Administrative Decisions Tribunal delivered a judgement in respect of 3 Informations the Bar Council had filed against Bruce Leicester Donnelly.
The Tribunal found as follows:
In respect of the first Information Bruce Leicester Donnelly is guilty of unsatisfactory professional conduct for:
(a) failing to make satisfactory arrangements for representation of a client while he was overseas;
(b) filing process on behalf of a client in a court in his own name;
(c) failing to make disclosures to direct access clients as required by the New South Wales Barristers’ Rules;
(d) failures to make fee disclosures as required by the Legal Profession Act 1987;
(e) witnessing affidavits contrary to the provisions of the NSW Oaths Act ; and
(f) serving court process and related breaches of New South Wales Barristers’ Rule 75.
In respect of the second Information Bruce Leicester Donnelly is guilty of unsatisfactory professional conduct for:
(a) failing to appear on behalf of a client; and for
(b) failing to make satisfactory arrangements for a client to be represented at a court hearing.
In respect of the third Information Bruce Leicester Donnelly is guilty of professional misconduct in that :
(a) he practised as a barrister without being the holder of a practising certificate as a barrister at the relevant time; and
(b) that he misled the Bar Association when completing an application for a practising certificate.
The Tribunal made the following orders:
- that Bruce Leicester Donnelly be publicly reprimanded;
- that the Bar Association not issue a practising certificate to Bruce Leicester Donnelly before 1 March 2003; and
- that Bruce Leicester Donnelly undertake and complete over the next two calendar years, a course of further education comprising 30 hours of seminars in continuing professional development conducted or accredited by the New South Wales Bar Association and satisfy the Bar Association that he has attended those courses.
On 5 June 2003 the Bar Council resolved pursuant to secs 38FD(1) and 38FE(1)(b) of the Legal Profession Act 1987 to refuse to issue a practising certificate to Bruce Leicester Donnelly.
On 31 May 2004 the Legal Services Division of the Administrative Decisions Tribunal delivered a judgment with respect to an Information the Bar Council filed on 25 September 2003 against Bruce Leicester Donnelly.
The Tribunal found Bruce Leicester Donnelly guilty of professional misconduct on both grounds in the Information, namely:
- Bruce Leicester Donnelly failed, without reasonable cause, when he applied for a practising certificate on 25 February 2003, to notify the Bar Council that he had been convicted of two tax offences, as required by clause 7(1)(g) of the Legal Profession Regulation 2002; and
- Bruce Leicester Donnelly failed, when he applied for a practising certificate on 25 February 2003, to notify the Bar Council that he had been convicted of two tax offences, as required by clause 7(1)(g) of the Legal Profession Regulation 2002.
On 31 August 2004 the Tribunal handed down its decision on penalty and costs. The Tribunal ordered as follows :
- that a practising certificate not be issued to Bruce Leicester Donnelly before 26 February 2005;
- that Bruce Leicester Donnelly pay the costs of the Council of The New South Wales Bar Association on a party/party basis.