Legal Services Commissioner -v- Veneris [2002] NSWADT 135

CITATION: Legal Services Commissioner -v- Veneris [2002] NSWADT 135 DIVISION: Legal Services Division APPLICANT PARTIES: Legal Services Commisisoner RESPONDENT James Veneris FILE NUMBER: 012025 HEARING DATES: 05/04/02, 05/06/02 SUBMISSIONS CLOSED: 06/05/2002 DATE OF DECISION: 08/23/2002

BEFORE: Staff C - Judicial Member; Norton S - Judicial Member; Quayle C - Member APPLICATION: Professional Misconduct - fail to carry out instructions - Professional Misconduct - fail to comply with s. 152 Notice - Professional Misconduct - mislead client - Professional Misconduct - mislead Law Society/Bar Association/LSC MATTER FOR DECISION: Principal matter LEGISLATION CITED : Legal Profession Act 1987 Law Society v. Veneris LPDR4 of 1998 Legal Services Commission v. Veneris NSWADT160 Barwick v. Law Society 74 ALJR 419 Law Society of New South Wales v. Walsh (unreported), Court of Appeal 15 December, 1997 Wentworth v. New South Wales Bar Association (1992) 176 CLR 239 Clyne v. New South Wales Bar Association (1960) 104 CLR 186 New South Wales Bar Association v. Evatt (1986) 117 CLR 117 CASES CITED: Weaver v. Law Society of New South Wales (1979) 142 CLR 201 Walter v. Council of Queensland Law Society Inc. (1988) 62 ALJR153 Harvey v. Law Society of New South Wales (1975) 49 ALJR 362 Allison v. General Council of Medical Education and Registration [1894] 1 QB 750 Kennedy v. Council of Incorporated Law Institute of New South Wales (1939) ALJ 563 Law Society v. Foreman (1994) 4 LPDR 1 Law Society of New South Wales v. McNamara (unreported) NSW Court of Appeal 7 March, 1980 Dupal v. Law Society of New South Wales (unreported 26 April, 1990 APPLICANT REPRESENTATION: T Lynch, barrister RESPONDENT A Radojev, barrister ORDERS: 1. The name of James Veneris be and the same is removed from the Roll of Legal Practitioners in New South Wales.; 2. The Solicitor to pay the costs of the Office the Legal Services Commissioner as agreed or as assessed.