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Sydney lawyer loses appeal to remain on roll
The principal solicitor of Capellia Legal in Parramatta, NSW has lost an appeal in the state’s Court of Appeal against a finding of professional misconduct against him and his subsequent removal from the roll of solicitors.
Jerome Doraisamy
George Potkonyak was found guilty of professional misconduct by the Civil and Administrative Tribunal of NSW in 2017, in light of his conduct of proceedings under the Children and Young Persons (Care and Protection) Act 1998 (NSW).
In addition, it was submitted that he had “breached his duties to the administration of justice and his clients”, misled the court, and “consistently engaged” in conduct falling short of the standard of competence and diligence expected of a reasonably competent legal practitioner.
The tribunal was satisfied these complaints were made out by the commissioner, made a finding of professional misconduct and struck Mr Potkonyak from the roll.
On appeal against this finding, he raised four issues: whether the tribunal should have considered the “correctness of authorities” in its interpretation of the Care Act, if it erred in finding that the “impugned statements were offensive” and if he had reasonable grounds to make them, if it failed to have regard for his evidence and thus denied him procedural fairness, and if it gave inadequate reasons for its findings.
None of the four grounds of appeal were upheld.
The Court of Appeal said it was not the function of the tribunal to conduct a review of the correctness of an authority’s interpretation of legislation, nor was it a function of the Court on appeal, there was no erring in finding impugned statements were offensive, the tribunal had given sufficient consideration to Mr Potkonyak’s evidence, and adequate reasons for the findings were offered.
The appeal was dismissed, with costs ordered.
Jerome Doraisamy
Jerome Doraisamy is the editor of Lawyers Weekly and HR Leader. He has worked at Momentum Media as a journalist on Lawyers Weekly since February 2018, and has served as editor since March 2022. In June 2024, he also assumed the editorship of HR Leader. Jerome is also the author of The Wellness Doctrines book series, an admitted solicitor in NSW, and a board director of the Minds Count Foundation.
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