The Council of the Law Society of New South Wales v Kernaghan [2021] NSWCATOD 111

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Council of the Law Society of New South Wales v Kernaghan [2021] NSWCATOD 111 Hearing dates: 25 March 2021 Date of orders: 6 August 2021 Decision date: 06 August 2021 Jurisdiction: Occupational Division Before: L Pearson, Principal Member J Lonsdale, Senior Member B Thomson, General Member Decision: (1) The Tribunal finds: (a) In respect of the conduct alleged in grounds 2, 3, 4, 5, 6, 10 and 11 of the Amended Application, the Solicitor is guilty of professional misconduct; and (b) In respect of the conduct alleged in grounds 8 and 12 of the Amended Application, the Solicitor is guilty of unsatisfactory professional conduct. (2) The Tribunal makes the following directions: (a) The Law Society is to file and serve evidence and submissions as to the orders sought, on or before 27 August 2021; (b) The respondent Solicitor is to file and serve evidence and submissions in reply, on or before 17 September 2021; (c) The Law Society is to file and serve any further material in reply, on or before 1 October 2021; (d) The parties are to provide, by close of business 10 August 2021, their available dates for a hearing after 1 October 2021, with an estimate of listing time required. Catchwords: PROFESSIONS AND TRADES - Solicitor - Professional Disciplinary Proceedings - Findings of professional misconduct and unsatisfactory professional conduct - Failure to comply with undertaking to Law Society – Failure to deposit trust money in trust account – Failure to hold and disburse trust money – Intermixing trust money with other money – Cause a deficiency in a trust account – Failure to comply with disclosure requirements – Failure to pay superannuation contributions, GST, company income tax and PAYG – Failure to comply with notice to produce documentation to investigator – Failure to pay third party. Legislation Cited: Children's (Criminal Proceedings) Act 1987 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Legal Profession Uniform Law (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Legal Profession Uniform Law Australian Solicitors Conduct Rules 2015 Legal Profession Act 2004 (VIC) Legal Profession Uniform General Rules 2015 (NSW) Superannuation Guarantee (Administration) Act 1992 (Cth) Superannuation Guarantee Charge Act 1992 (Cth) Cases Cited: Allinson v General Council of Medical Education and Registration [1894] 1 QB 750 Burrows v Council for the Law Society of New South Wales (No 3) [2018] NSWSC 737 Carr v Council of the Law Society of New South Wales [2020] NSWCA 276 Council of the Law Society of New South Wales v Bunton [2020] NSWCATOD 67 Council of the Law Society of New South Wales v Dalla [2011] NSWADT 130 Council of the Law Society of New South Wales v Davidson [2019] NSWCATOD 105 Council of the Law Society of New South Wales v DXW [2019] NSWCATOD 101 Council of the Law Society of New South Wales v Leslie [2020] NSWCATOD 81 Council of the Law Society of New South Wales v Morgan [2015] NSWCATOD 71 Council of the Law Society of New South Wales v Terepo [2018] NSWCATOD 106 Council of the Law Society of New South Wales v Webb [2013] NSWCA 423 Council of the Law Society of New South Wales v Wehbe [2018] NSWCATOD 14 Council of the Law Society of New South Wales v Winter [2019] NSWCATOD 2 Council of the Law Society of NSW v Doherty [2010] NSWCA 177 Council of the Law Society of NSW v Pizzinga [2012] NSWADT 211 Council of the Law Society of NSW v Powell [2019] NSWCATOD 24 Council of the Law Society of NSW v Sandroussi [2012] NSWADT 40 Council of the New South Wales Bar Association v Sahade [2007] NSWCA 145 Kyriackou v Martin [2014] VSC 122 Law Society of New South Wales v Hinde [2005] NSWADT 199 Law Society of New South Wales v Ling [2010] NSWADT 48 Law Society of New South Wales v Narayanasamy [2014] NSWCATOD 18 Law Society of New South Wales v Thompson [2018] NSWCATOD 57 Law Society of New South Wales v Treanor [2005] NSWADT 285 Law Society of NSW v Koffel [2010] NSWADT 149 New South Wales Bar Association v Cummins (2001) 52 NSWLR 279 Prothonotary of the Supreme Court of New South Wales v McCaffery [2004] NSWCA 470 Smith's Snack Food Company Limited v Chief Commissioner of State Revenue (NSW) [2013] NSWCA 470 Texts Cited: None Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Aaron Noel Kernaghan (Respondent) Representation: Counsel: P Maddigan (Applicant)