Council of the Law Society of New South Wales v Martin [2021] NSWCATOD 194

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Martin [2021] NSWCATOD 194 Hearing dates: 20 September 2021 Date of orders: 01 December 2021 Decision date: 01 December 2021 Jurisdiction: Occupational Division Before: A Boxall, Senior Member M Sindler, Senior Member B Thomson, General Member Decision: (1) The Respondent is found guilty of professional misconduct. (2) The Respondent is reprimanded for professional misconduct. (3) The Respondent shall pay a fine of $5,000. (4) The Respondent must by 31 December 2022 (the Relevant Date) undertake further professional education in accordance with the following terms: (a) The Respondent must undertake, complete and pass at his own expense an appropriate practice 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 ensure that, no later than seven (7) days after receipt of notification of the result of his participation in the Course, evidence of that result is provided to the Director. (5) If the Respondent fails to comply with order (4) by the Relevant Date, his practising certificate for: (a) The 12 months beginning on 1 July 2023 and ending on 30 June 2024, and (b) Each subsequent 12-month period, until he complies with that order, is to be issued on terms that he may not practise as the principal of a legal practice. (6) The Respondent shall pay the costs of the Applicant as agreed or assessed. Catchwords: OCCUPATIONS — Legal practitioners — Solicitors —Professional misconduct — Conflict of interest and duty — Costs agreement — Dealings with client — Trust accounts Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 36 Conveyancing Act 1919 (NSW) , s 23C(1)(a) Law of Property Act 1936 (SA), s 29(1)(a) Legal Profession Uniform Law (NSW) ss 32, 33, 35, 128, 129, 135, 137, 146, 296, 297, 298, 300, 302, 303 Legal Profession Uniform Law Application Act 2014, ss 4, 11 Cases Cited: Allinson v General Council of Medical Education and Registration [1894] 1 QB 750 Council of the New South Wales Bar Association v Sahade [2007] NSWCA 145 Council of the New South Wales Bar Association v Costigan [2013] NSWCA 407 Council of the Law Society of New South Wales v Gurusamy [2019] NSWCATOD 89 Council of the Law Society of New South Wales v Koops [2021] NSWCATOD 38 Council of the Law Society of New South Wales v Thadsanamorthy [2019] NSWCATOD 96 GLGC Pty Limited v Zhang [2021] NSWSC 9 Law Society of New South Wales v Manolakos [2018] NSWCATOD 54 Malouf v Constantinou [2017] NSWSC 923 46 MJ Leonard Pty Ltd v Bristol Custodians Limited (in liquidation) [2013] NSWSC 1734 Prothonotary of the Supreme Court of New South Wales v McCaffrey [2004] NSWCA 470 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Alexander Richard Martin (Respondent) Representation: Counsel: J Simpkins (Respondent)