Law Society of New South Wales -v- Andreone [1999] NSWADT 14

CITATION: Law Society of New South Wales -v- Andreone [1999] NSWADT 14

DIVISION: Legal Services

APPLICANT: The Council of the Law Society of New South Wales

RESPONDENT: Francesco Leonardo Andreone

FILE NUMBER: 9744

HEARING DATES: 10/12/1998

SUBMISSIONS CLOSED: 10/12/1998

DATE OF DECISION: 29 March 1999

C G Staff Presiding Judicial Member BEFORE: M J Barnes - Judicial Member P O Miller - Member

PRIMARY LEGISLATION: Legal Profession Act 1987

APPLICATION: -

MATTER FOR DECISION: Principal matter

Applicant: I Wales SC with G Hanson of counsel instructed by R J Collins REPRESENTATION: Respondent: C Porter QC of counsel instructed by Stewart Cuddy & Mockler

1. The Respondent be reprimanded. ORDERS: 2. The Respondent be fined the sum of $25,000. 3. The Respondent pay the costs of the Applicant as agreed or as assessed.

INFORMATION

1 By information dated 10 December, 1997 filed in the Tribunal on 24 December, 1997, the Council of the Law Society of New South Wales ("the Society") complained that Franceso Leonardo Andreone ("the Solicitor") was guilty of professional misconduct.

2 There are a series of serious allegations against the Solicitor and it is noted in large measure that the Solicitor made admissions as to the majority of the acts and omissions which we will turn to shortly.

3 We set out the grounds on which the complaint was made and summarise the particulars of the grounds together with the Solicitor's admissions as follows:

GROUND 1

4 Solicitor purported to witness a signature on an affidavit and to take an oath under the provisions of the Oaths Act 1900 when he was: (i) not present when the affidavit was signed by the deponent and