Council of the Law Society of New South Wales v Thornton [2020] NSWCATOD 103

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Thornton [2020] NSWCATOD 103 Hearing dates: 3 August 2020 Date of orders: 11 September 2020 Decision date: 11 September 2020 Jurisdiction: Occupational Division Before: J S Currie, Senior Member M Sindler, Senior Member B Thomson, General Member Decision: The Tribunal, having found Brian David Thornton ("the Solicitor") guilty of unsatisfactory professional conduct, orders that: (1) The Solicitor is reprimanded. (2) The Solicitor is to pay the costs of the Law Society of NSW as agreed or assessed. Catchwords: PROFESSIONAL DISCIPLINE- LEGAL PRACTITIONERS- Solicitor- alleged professional misconduct- breach of Legal Profession Act 2004, s260 (intermixing of money), improper use of trust money, causing trust account deficiency. Admission of statutory breaches and most asserted facts- assertion of innocent mistake, reliance upon bookkeeper and external auditors. Finding of unsatisfactory professional conduct but not of professional misconduct. Penalty orders- purpose of reprimand, fine. Respondent's standing, acceptance, insight, contrition and undertaking to Tribunal and Law Society. Reprimand, without a fine, constituted sufficient public 'marking-out' of expected professional standards, sufficient public protection and sufficient disapprobation. Reprimand and costs orders made. Legislation Cited: Civil and Administrative Tribunal Act No 2, 2013 (NSW) Legal Profession Act, 2004 (NSW) Legal Profession Uniform Law (NSW) No.16a Cases Cited: Allinson v General Council of Medical Education and Registration [1894] 1 QB 750 BRJ v Council of the New South Wales Bar Association [2016] NSWSC 146 Briginshaw v Briginshaw and Anor [1938] 60 CLR 336 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Council of the Law Society of NSW v DXW [2019] NSWCATOD 101 Council of the Law Society of NSW v EBX [2019] NSWCATOD 155 Council of the Law Society of NSW v McHugh [2014] NSWCATOD 37 Council of the Law Society of NSW v Nicholls [2012] NSW ADT 222. Fraser v Health Care Complaints Commission [2015] NSWCA 421 Guidice v Legal Profession Complaints Committee [2014] WASCA 115 In re a Solicitor; Ex parte Law Society [1912] 1 KB 302 Kennedy v Council of Incorporated Law Institute of New South Wales (1939) 13 ALJ 563 Law Society of NSW v English [2011] NSW ADT 39 Legal Services Commissioner v Livers [2017] NSWCATOD 117 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd and others (1992) ALR 449 New South Wales Bar Association v Cummins [2001] NSWCA 284 The Prothonotary of the Supreme Court of NSW v Demetrios [2015] NSWCA 258 Texts Cited: None cited Category: Principal judgment Parties: Council of the Law Society of NSW (Applicant) Brian David Thornton (Respondent) Representation: Counsel: S Foda (Respondent)