NSW Caselaw
CITATION: Law Society of New South Wales v Hannam [2006] NSWADT 24
DIVISION: Legal Services Division
APPLICANT PARTIES: Council of the Law Society of New South Wales RESPONDENT Robert Alexander Hannam
FILE NUMBER: 052010
HEARING DATES: 27/09/2005
SUBMISSIONS CLOSED: 09/27/2005
DATE OF DECISION: 01/30/2006
BEFORE: Karpin A - ADCJ (Deputy President); Currie JS - Judicial Member; Bubniuk L - Non Judicial Member
CATCHWORDS: Professional Misconduct - breach of s. 61 of the Legal Profession Act - Professional Misconduct - breach of s. 62 of the Legal Profession Act - Professional Misconduct – fail to promptly pay monies
MATTER FOR DECISION: Principal matter
LEGISLATION CITED : Legal Profession Act 1987
CASES CITED: Law Society of New South Wales v. Doueihi [2002] NSWADT 265
APPLICANT P Boyd, Solicitor REPRESENTATION: RESPONDENT J Heazlewood, Counsel
ORDERS: 1. The Legal Practitioner is guilty of Professional Misconduct; 2. The Legal Practitioner is fined $5,000 to be paid within 9 months of this date; 3. If the Legal Practitioner fails to pay the fine in accordance with the terms of Order 2, the Legal Practitioner's Practising Certificate is suspended from the date upon which payment is due, until the date upon which the fine is paid; 4.The Legal Practitioner is publicly reprimanded; 5. An audit of the Legal Practitioner's Trust Account is to be carried out by an Independent accountant, appointed by the Legal Practitioner, as at 31 December 2005, and again as at 31 December 2006. Those audit reports are to be carried out and forwarded to the Proper Officer of the Law Society of New South Wales in each case not later than 31 March in the succeeding year. These audits are in addition to any audit required by the Law Society of NSW in connection with the annual renewal of the practitioner's practising certificate. The Legal Practitioner will pay the costs of the independent accountant of and incidental to the preparation of such audit reports; 6. The Respondent is to pay the legal costs of the Law Society, as agreed or assessed
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