Lawyer who ran Bar Coluzzi may face disciplinary action

“Mr Vertes was an experienced business person and an admitted legal practitioner, it is
inconceivable Mr Vertes was unaware of the legal obligations of Robit Nominees as
employer to [the worker],” Judge Nicholas Manousaridis said, adding that Mr Vertes and his company had expressed no contrition.

The NSW Law Society handles complaints against legal practitioners and it refers any cases of alleged professional misconduct to the Civil and Administrative Tribunal.

A spokeswoman for the Law Society said it was "aware of the allegations". "But we cannot comment on individual investigations or complaints," the spokeswoman said.

"There are strict confidentiality provisions under s 462 of the Legal Profession Uniform Law (NSW)."

Mr Vertes said he has not been contacted by the Law Society. "Until they contact me I have no comment," he said.

In relation to the Federal Circuit Court matter, Mr Vertes said he fully complied with the Fair Work Ombudsman and paid the employee "every cent" that was owed to her.

"They told me it was over and the Ombudsman decided to take it further," he said. "This is a civil matter."

Mr Vertes said he no longer runs Bar Coluzzi. "The lease finished in February and I didn't renew it," he said. "It was taken over by a long-term patron."

Sydney barrister Scott Maybury, who has taught ethics at the Univerity of Technology Sydney (UTS) law school, said professionial misconduct in the legal profession can include anything that would be considered to be "dishonourable or disreputable by lawyers of good fame and character or conduct that renders someone not a fit and proper person to hold a practising certificate".

The Civil Administrative Tribunal can make orders that disqualify a lawyer from having a practising certificate or working in certain roles in a law practice for a period of time.

In the most serious cases, a recommendation can be made to the Supreme Court to remove someone from the roll of legal practitioners.

"I think there is a good argument that a scheme that is set up to deliberately breach the law would meet the standard of professional misconduct. If so, the question would be what is an appropriate order to protect the public from someone who is a lawyer engaging in that kind of conduct," Mr Maybury said.

Possible outcomes the tribunal may consider include suspending a lawyer's practising certificate for a period of time. This is more common in a case of deliberate dishonesty.

"Given the seriousness of the misconduct, even though it wasn't misconduct in the practice of law, it is entirely possible that it can have professional consequences for him as a lawyer," Mr Maybury said.

"Lawyers need to be reminded that it is not just their conduct between nine and five as lawyers that can land them in trouble.

"The conduct of lawyers outside of the practice of law can be the subject of professional disciplinary scrutiny and can have professional consequences particularly in cases where the misconduct is serious."

Fairfax Media has contacted Mr Vertes for comment.

Anna Patty is Workplace Editor for The Sydney Morning Herald. She is a former Education Editor, State Political Reporter and Health Reporter. Her reports on inequity in schools funding led to the Gonski reforms and won her national awards. Her coverage of health exposed unnecessary patient deaths at Campbelltown Hospital and led to judicial and parliamentary inquiries. At The Times of London, she exposed flaws in international medical trials.