Legal Services Commissioner -v- Byrne [2000] NSWADT 70

CITATION: Legal Services Commissioner -v- Byrne [2000] NSWADT 70 DIVISION: Legal Services Division APPLICANT Legal Services Commissioner PARTIES: RESPONDENT Hugh James Byrne FILE NUMBER: 992004 HEARING DATES: 17/02/2000 SUBMISSIONS CLOSED: 02/17/2000 DATE OF DECISION: 05/31/2000

BEFORE: Hale S - Judicial Member; Clisdell RJ - Judicial Member; Miller PO - Member APPLICATION: Professional Misconduct - fail to comply with s. 152 Notice MATTER FOR DECISION: Principal matter LEGISLATION CITED : Legal Profession Act 1987 CASES CITED: Law Society of NSW v Foreman, 1994 34 NSWLR 408 APPLICANT REPRESENTATION: T Lynch, barrister RESPONDENT G Walsh, solicitor ORDERS: 1. The Respondent be publicly reprimanded.; 2. The Respondent is to pay a fine of $3,000.00 within a period of twelve (12) months from the date of this Order.; 3. The Respondent is to be suspended from practice at the expiration of the said period of twelve (12) months if the fine has not been paid and any such suspension continue until the fine is paid.; 4. The Respondent's practice is for a period of two (2) years commencing from the date of this Order to be subject to inspection at three (3) monthly intervals at the expense of the Respondent by a suitably qualified solicitor appointed by the Applicant or the Law Society after consultation with the Respondent, such inspections to continue notwithstanding any change in the constitution of the Respondent's firm.; 5. The costs of the Applicant to be paid by the Respondent, as agreed or assessed.