Council of the Law Society of NSW v Hunter [2021] NSWCATOD 22

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Hunter [2021] NSWCATOD 22 Hearing dates: 5 August 2020 Date of orders: 23 February 2021 Decision date: 23 February 2021 Jurisdiction: Occupational Division Before: J S Currie, Senior Member J Wakefield, Senior Member M von Kolpakow, General Member Decision: The Tribunal, having found that David Kevin Hunter ("the Respondent") is guilty of professional misconduct, orders that: (1) The Respondent be reprimanded. (2) The Respondent is to pay a fine of $6,000.00. (3) The Respondent is to pay the costs of the Law Society of NSW as agreed or assessed. Catchwords: PROFESSIONS AND TRADES- Legal Practitioner- disciplinary application- failure to comply with undertaking to retain moneys in trust account. Unsatisfactory professional conduct. Professional misconduct at common law and under Legal Profession Uniform Law (NSW) No 16a, s 297(1)(a). Nature of appropriate penalty orders, quantum of fine considered. Reprimand- fine of $6,000- costs order. Legislation Cited: Civil and Administrative Tribunal Act No 2 2003 (NSW) Legal Profession Uniform Conduct (Barristers) Rules 2015 Legal Profession Uniform Law (NSW) No 16a Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 Cases Cited: Allinson v General Council of Medical Education and Registration [1894] 1 QB 750 Bechara v Legal Services Commissioner (2010) 79 NSWLR 763; [2010] NSWCA 369 BRJ v Council of the New South Wales Bar Association [2016] NSWSC 146 Briginshaw v Briginshaw and Anor [1938] 60 CLR 336 Council of the Law Society of NSW v Kim [2012] NSWADT 45 Carr v Council of the Law Society of New South Wales [2020] NSWCA 276 Council of the Law Society of New South Wales v Lewis [2019] NSWCATOD 100 Council of the Law Society of New South Wales v Konstantinidis [2019] NSWCATOD 104 Council of the Law Society of New South Wales v Konstantinidis (No.3) [2020] NSWCATOD 91 Council of the Law Society of NSW v Powell [2019] NSWCATOD 24 Council of the Law Society of New South Wales v Spinak [2017] NSWCATOD 184 Council of the New South Wales Bar Association v Davison [2005] NSWADT 252 Law Society of New South Wales v Foreman (1994) 34 NSWLR 408 Law Society of New South Wales v Walsh [1997] NSWCA 185 Law Society of New South Wales v Waterhouse [2002] NSWADT 404 Law Society of NSW v Webb [2018] NSWCATOD 55 Legal Profession Complaints Committee v Detata [2012] WASCA 214 Legal Services Commissioner v Kaine [2013] VCAT 1077 Legal Services Commissioner v Livers [2017] NSWCATOD 117 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd and Ors (1992) ALR 449 New South Wales Bar Association v Cummins [2001] NSWCA 284 Prothonotary of the Supreme Court of NSW v Chapman (Unreported, Court of Appeal, 14 December 1992) The Prothonotary of the Supreme Court of NSW v Demetrios [2015] NSWCA 258 Vincent Cofini [1994] NSWLST 25 Texts Cited: Law Society of England and Wales : Guide to the Professional Conduct of Solicitors,1990; Principle 17.06 Riley's NSW Solicitors' Manual;¶ 20,005 Category: Principal judgment Parties: Council of the Law Society of NSW (Applicant) David Kevin Hunter (Respondent) Representation: Counsel: P A Maddigan (Applicant) S Priestley (Respondent)