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ACT solicitor’s plea to stay strike-off application fails
An ACT solicitor facing a strike-off application failed to have a court stay disciplinary proceedings so a mediation could take place instead.
Naomi Neilson
Despite his pleas for the disciplinary proceedings to be stayed pending a mediation with the Law Society, Hugh Ford is due to face a full court of the Supreme Court of the ACT in early November for the potential removal of his name from the roll of legal practitioners.
Ford went further and alleged that the director of professional standards at the ACT Law Society had engaged in unlawful conduct for the last 20 years, and a complaint was made to the ACT Integrity Commission.
He said the commission has “undertaken to investigate the matter”.
“None of the grounds made explicit reference to the matter being referred to mediation, nor is there any apparent reasoning in the grounds to necessarily support the defendant’s application to refer the matter to mediation,” Justice Mossop said.
Ford submitted that there was a “high potential” a mediation would lead to a settlement because his practising certificate was cancelled in 2018 and, given his age, it was unlikely he would ever return to practice.
He added he was willing to offer undertakings not to practice and would be prepared to take on costs for the various proceedings.
In response, the Law Society pointed to findings made by ACAT against Ford, including findings of dishonesty.
The society added there was a need for it to perform its regulatory functions, and it is a matter for the court’s perception of appropriate standards as to whether Ford should remain on the roll.
While Justice Mossop said there was “some potential for negotiation on some issues” raised by Ford, he does not consider this an appropriate case to compel a mediation.
“I am not satisfied that the circumstances of this case warrant any compulsion to mediate in relation to Ford’s recently announced potential offers,” Justice Mossop said.
“Insofar as the evidence includes the fact that Ford has made a complaint to the ACT Integrity Commission, there is no apparent link between the fact and the utility of ordering a mediation and staying the substantive proceedings pending the mediation.”
The case is Law Society v Ford [2024] ACTSC 255 (16 August 2024).
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
