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Lawyer Name:Berwick, John Patrick
Lawyer Type:Barrister
Date/s of Admission/s: 08-Feb-1991
Business Address or Former Address:
(Formerly) 8th Floor 53 Martin Place Sydney NSW 2000
Place of Issue of Practising Certificate:New South Wales
Substance of Conduct Matter:

<p><span style="color: rgb(0, 0, 0);">Professional Misconduct:</span></p><p><span style="color: rgb(0, 0, 0);">Practitioner received two payments of trust money from his (then) client in June and July 2012 in contravention of section 252 LPA 2004 by depositing those monies into a mortgage account before completing the work for which moneys had been paid in advance and issuing a bill</span></p><p><br></p><p><span style="color: rgb(0, 0, 0);">Unsatisfactory Professional Conduct:</span></p><p><span style="color: rgb(0, 0, 0);">(i) Failed to advise the client of deficiencies in the pleadings</span></p><p><span style="color: rgb(0, 0, 0);">(ii) Failed to make himself available for conferences, failed to provide submissions and failed to appear at the hearing;</span></p><p><span style="color: rgb(0, 0, 0);">(iii) Delayed in paying an order for costs he was ordered to pay personally;</span></p><p><span style="color: rgb(0, 0, 0);">(iv) Delayed in providing an itemised bill to the client despite numerous requests for same;</span></p><p><span style="color: rgb(0, 0, 0);">(v) Claimed in an itemised bill an entitlement to be paid on the basis of time-based charging in circumstances where he had not a record of the work performed; and</span></p><p><span style="color: rgb(0, 0, 0);">(vi) Claimed an entitlement to be paid for 44.75 hours of work in one day</span></p>

Finding:Professional Misconduct
and Unsatisfactory Professional Conduct
By:NSW Civil & Administrative Tribunal - Occupational Division
Date: 23-Jun-2016
Disciplinary Action:
Costs
Reprimand
Undertaking, to be filed in the Tribunal, that he will not apply for a practising certificate as a barrister or as a solicitor in any jurisdiction at any time in the future

Ordered to pay compensation in the amount of $25,000 (NSWCATOD 06.09.2017)
Proceedings Instituted By:Council of the New South Wales Bar Association
Citation:

<p>[<a href="https://www.caselaw.nsw.gov.au/decision/5769da6de4b058596cb9c927&quot; rel="noopener noreferrer" target="_blank">Council of the New South Wales Bar Association v Berwick [2016] NSWCATOD 81</a>]</p><p>[<a href="https://www.caselaw.nsw.gov.au/decision/5769da6de4b058596cb9c927&quot; rel="noopener noreferrer" target="_blank">[</a><a href="https://www.caselaw.nsw.gov.au/decision/59ae270de4b058596cba9f97&quot; rel="noopener noreferrer" target="_blank">Council of the New South Wales Bar Association v Berwick (No.2) [2017] NSWCATOD 133</a>]</p><p>[<a href="https://www.caselaw.nsw.gov.au/decision/5b23238fe4b0b9ab4020cecc&quot; rel="noopener noreferrer" target="_blank">Council of the New South Wales Bar Association v Berwick (No. 3) [2018] NSWCATOD 95</a></p>