Council of the Law Society of New South Wales v Rogers [2021] NSWCATOD 124

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Rogers [2021] NSWCATOD 124 Hearing dates: 21 July 2021 Date of orders: 25 August 2021 Decision date: 25 August 2021 Jurisdiction: Occupational Division Before: D Fairlie, Senior Member (Legal) A Boxall, Senior Member (Legal) B Thomson, General Member Decision: (1) That the Respondent be reprimanded for professional misconduct. (2) That the Respondent undertake further professional education in accordance with the following terms: (a) The Respondent undertake, complete and pass at his own expense, by 31 May 2022 (the Relevant Date), an appropriate business management course (the Course) as approved by the Director, Legal Regulation, of the Law Society of New South Wales (the Director) and achieve a pass mark of at least 65% in that Course. (b) The Respondent shall, within seven (7) days of receipt of notification of the result of his participation in the Course, provide to the Director the original of such notification. (3) That by the Relevant Date the Respondent provide to the Director written evidence that the Respondent has reached agreement with the Australian Taxation Office as to the amount of all outstanding PAYG, superannuation and other amounts (including penalty tax and interest on amounts unpaid) which the Law Practice is required to remit to the Australian Taxation Office in respect of the financial years ended 30 June 2013, 30 June 2014 and 30 June 2015. (4) That should the Respondent fail to comply with orders (2) and (3) by the Relevant Date, his practising certificate for: (a) The 12 months beginning on 1 July 2022 and ending on 30 June 2023, and (b) Each subsequent 12-month period, until he complies with those orders, be issued on terms that he may not practise as the principal of a legal practice. (5) That the Respondent pay the costs of the Applicant as agreed or assessed. Catchwords: OCCUPATIONS — Legal practitioners — complaints made before the commencement of the Legal Profession Uniform Law (NSW) OCCUPATIONS — Legal practitioners — Misconduct and discipline — failure to make employee superannuation and PAYG payments OCCUPATIONS — Legal practitioners — Misconduct and discipline — Unsatisfactory professional conduct OCCUPATIONS — Legal practitioners — Solicitors — Professional misconduct Legislation Cited: Civil and Administrative Tribunal Act 2013 No 2 s 60, Schedule 5, clause 23 Legal Profession Act 2004 ss4, 5, 6,143, 496, 497, 551, 562 Legal Profession Uniform Law (NSW) Schedule 5, clause 26 Legal Profession Uniform Law Application Act 2014 s 4 Cases Cited: Allinson v General Council of Medical Education and Registration [1894] 1 QB 750 Council of the Law Society of New South Wales v Adams [2011] NSWADT 177 Council of the Law Society of New South Wales v Andreone (No 1) [2014] NSWCATOD 49 Council of the Law Society of New South Wales v Dalla [2011] NSWADT 130 Council of the Law Society of New South Wales v Wehbe [2018] NSWCATOD 14 Council of the New South Wales Bar Association v Costigan [2013] NSWCA 407 Council of the New South Wales Bar Association v Sahade [2007] NSWCA 145 Law Society of New South Wales v Bouzanis [2006] NSWADT 55 Law Society of New South Wales v Delpopolo [2014] NSWCATOD 55 Law Society of New South Wales v Gillroy [2010] NSWADT 232 Law Society of New South Wales v Koffel [2010] NSWADT 149 Law Society of New South Wales v Somerfield [2008] NSWADT 235 Law Society of New South Wales v Vosnakis [2007] NSWADT 42 Prothonotary of the Supreme Court of New South Wales v McCaffrey [2004] NSWCA 470 The Council of the Law Society of New South Wales v McHugh [2014] NSWCATOD 37 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Michael Edward Rogers (Respondent) Representation: Counsel: P Maddigan (Applicant)