A tribunal has allowed a man to work as a lay associate despite his conviction for threatening to “expose” a woman’s intimate image.
A law student preparing to undertake practical legal training asked the NSW Civil and Administrative Tribunal (NCAT) to approve him as a lay associate due to a May 2019 conviction for threatening to disseminate an intimate image without consent.
The tribunal heard the man, whose identity was suppressed, was in hospital for a surgery on his right hand when he and a woman he was in a relationship with had a “verbal disagreement”.
In what was a “moment of poor judgment and emotional distress”, the man sent her a text message that threatened to expose her, “along with a screenshot of a website that she had uploaded content to”.
In his affidavit, the man said he “deeply regrets” his actions, has recognised the seriousness of the conduct, and acknowledged there was “no justification for sending such a message”.
He explained he was under some stress at the time due to a military discharge, an interstate relocation, and the nature of his relationship.
The man received a 12-month community corrections order.
While NCAT deputy president Stuart Westgarth and senior member Mark Tedeschi AM KC said it was concerning the relationship arose out of a personal relationship of trust and confidence, there were several factors that weighed in the man’s favour.
It included evidence that he has achieved sufficient insight into his conduct, he is sincerely remorseful, and has “impressive” references.
“As to the nature and circumstances of the applicant’s conviction, we are satisfied that the conviction arose out of a momentary lapse of judgment caused by a number of stressors then affecting the applicant,” Westgarth and Tedeschi said.
“We are further satisfied that the applicant has taken steps to ensure that, in the event he is subjected to similar stresses in the future, he will not engage in similar or other illegal conduct.”
The man must be supervised by an Australian lawyer and must provide the principal of the law practice with a copy of the decision.
The case: Application of HLD under s 121 of the Legal Profession Uniform Law (NSW) [2025] NSWCATOD 156.
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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