11 The Court made orders which, inter alia, required the ALR to file and serve an affidavit addressing how the submissions filed 25 October 2024 were generated, including a full explanation as to why the submissions contained references to fictional authorities and purported quotations from the Tribunal's decision. The orders provided for the ALR to file and serve written submissions as to why he should not be referred to the Office of the NSW Legal Services Commissioner (OLSC). The orders also provided for the Minister to file and serve any written submissions about whether the ALR should be referred to the OLSC.
12 In accordance with the orders, on 2 December 2024, the ALR filed an affidavit, with annexures, and written submissions. On 5 December 2024, the Minister filed written submissions.
13 On 10 December 2024, the final hearing for the substantive matter was held at the Parramatta Registry of the Court.
14 After the proceedings in respect of the substantive judicial review applications had been completed, the Court invited the ALR to make submissions as to why he should not be referred to the OLSC. The ALR was represented by counsel who made submissions on his behalf. The Minister was also represented by counsel.
15 For reasons that follow, the Court will direct the Principal Registrar of the Court to refer the conduct of the ALR to the OLSC.
CONSIDERATION
16 The OLSC is an independent statutory body to whom complaints about legal practitioners in New South Wales (NSW) can be made. The NSW Legal Services Commissioner (the LSC) has the power to investigate complaints, including those which allege unsatisfactory professional conduct or professional misconduct by a legal practitioner: ss 296 and 297 of the Legal Profession Uniform Law (NSW) 2014 (LPUL).
17 Conduct which can constitute unsatisfactory professional conduct or professional misconduct includes, but is not limited to, contravention of the Legal Profession Uniform Australian Solicitors' Conduct Rules 2015 (NSW) (Conduct Rules): s 298 of the LPUL.
18 The conduct of the ALR, in filing an application and submissions which contained citations to Federal Court of Australia cases which do not exist and alleged quotes from the Tribunal's
