Portale v Law Society of New South Wales (No 2) (LSD) [2003] NSWADTAP 56

Appeal Panel - Internal

CITATION: Portale v Law Society of New South Wales (No 2) (LSD) [2003] NSWADTAP 56 APPELLANT PARTIES: Giuseppe Portale RESPONDENT Council of the Law Society of New South Wales FILE NUMBER: 019020 HEARING DATES: 30, 31/07/03 SUBMISSIONS CLOSED: 07/31/2003 DATE OF DECISION: 11/20/2003

Law Society of New South Wales v Portale [2001] NSWADT 68 DECISION UNDER APPEAL: BEFORE: Hogan A - Deputy President; Brennan JWF - Judicial Member; Hayes E - Member CATCHWORDS: Professional Misconduct - breach of s.61 of the Legal Professions Act - Professional Misconduct - fail to keep accounts - Professional Misconduct - misled client - Professional Misconduct - prefer own interests of those of others - Professional Misconduct - prepare false documents - Professional Misconduct - share the receipts of a ppractice with an unqualified person - Professional Misconduct - wilfully brech a court order MATTER FOR DECISION: Merits FILE NUMBER UNDER APPEAL: 002003 DATE OF DECISION UNDER APPEAL: 05/04/2001 LEGISLATION CITED : Legal Profession Act 1987 CASES CITED: Allinson v General Council of Medical Education and Registration. [1894] QBD 750 Briginshaw v Briginshaw (1938) 60 CLR 336 APPELLANT REPRESENTATION: C Evatt, barrister RESPONDENT I M Wales, barrister ORDERS: 1 That the name of Giuseppe Portale be removed from the roll of Legal Practitioners in New South Wales; 2 That the appellant pay the costs of the respondent to be agreed or as determined by the Tribunal