On 22 May 2008, in matter 062009, the Legal Services Division of the Administrative Decisions Tribunal found Alexander Stanislaw Howen engaged in professional misconduct in that:
- he knowingly made misleading statements to the Australian Industrial Relations Commission when he appeared before it,, and
- he failed to advance and protect his client's interest when he appeared in the Australian Industrial Relations Commission.
On 22 May 2008, in matter 062011, a separate decision, the Legal Services Division of the Administrative Decisions Tribunal found Alexander Stanislaw Howen engaged in professional misconduct in that:
- he failed without reasonable excuse to comply with a notice under s152 of the Legal Profession Act 1987 by the date specified in the notice or within periods of extension of time granted for compliance with the notice, and
- he failed to comply with an undertaking given to the Bar Association that he would respond to a notice under s152 of the Legal Profession Act 1987 within 21 days.
On 4 September 2008, the Administrative Decisions Tribunal made the following orders.
In matter 062009:
1. effective from 19 September 2008, the name of Alexander Stanislaw Howen to be removed from the Roll of persons admitted as lawyers, which is maintained by the Supreme Court of New South Wales pursuant to s32 of the Legal Profession Act 2004;
2. the respondent’s practising certificate to be cancelled on 19 September 2008;
3. the respondent to pay the costs of the applicant Bar Association as agreed or assessed, in respect of the substantive hearing and the hearing on penalty;
4. the decision of the Tribunal to be published.
In matter 062011:
1. the respondent is fined $2,000 in respect of each of the two findings of professional misconduct, a total of $4,000;
2. the respondent is reprimanded;
3. the respondent to pay the costs of the applicant Bar Association as agreed or assessed, in respect of the substantive hearing and the hearing on penalty;
4. the decision of the Tribunal to be published.
Howen's practising certificate was cancelled on 19 September 2008.
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On 5 September 2007, the Administrative Decisions Tribunal dismissed the Bar Council's application against Alexander Stanislaw Howen in proceedings number 062001. On 17 January 2008, the Administrative Decisions Tribunal ordered that one third of Alexander Stanislaw Howen's costs be paid from the Public Purpose Fund.
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On 20 May 2003, in two separate decisions, [first] [second], the Legal Services Division of the Administrative Decisions Tribunal found Alexander Stanislaw Howen guilty of professional misconduct.
The Tribunal found that the failure by Alexander Stanislaw Howen to comply with a Notice issued pursuant to sec 152 of the Legal Profession Act 1987 in each matter was without reasonable cause and therefore by reason of sec 152 (4) of the Act, it was professional misconduct.
On 24 October 2003 the Tribunal handed down its decision on penalty and costs with respect to its two earlier findings of professional misconduct. In each of matters 012005 and 012030 the Tribunal ordered that Alexander Stanislaw Howen:
- be publicly reprimanded, and
- pay the Bar Association's costs as agreed or taxed.