Law society of New South Wales v Witherdin [2004] NSWADT 237

CITATION: Law society of New South Wales v Witherdin [2004] NSWADT 237 DIVISION: Legal Services Division APPLICANT PARTIES: The Council of the Law society of New South Wales RESPONDENT Michael Dominic Witherdin FILE NUMBER: 042001 HEARING DATES: 10/06/2004 SUBMISSIONS CLOSED: 06/10/2004 DATE OF DECISION: 10/18/2004

BEFORE: Chesterman M - ADCJ (Deputy President); Currie JS - Judicial Member; Hayes E - Non Judicial Member APPLICATION: Costs - Professional Misconduct - breach of s. 61 of the Legal Profession Act - Professional Misconduct - fail to carry out instructions - Professional Misconduct - mislead client - Unsatisfactory Professional Conduct - delay - Unsatisfactory Professional Conduct - fail to respond to client MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 Administrative Decisions Tribunal Rules (Transitional) Regulation 1998 LEGISLATION CITED : Crimes Act 1900 Legal Practitioners Act 1898 Legal Profession Act 1987 Dupal v Law Society of New South Wales, Unreported, 26 April 1990, Court of Appeal, NSW (BC9002508) Johns v Law Society of New South Wales [1982] 2 NSWLR 1 CASES CITED: Ex parte Lenehan (1948) 77 CLR 403 Prothonotary of the Supreme Court of New South Wales v P [2003] NSWCA 320 A Solicitor v Council of the Law Society of New South Wales (2004) 204 ALR 8 APPLICANT REPRESENTATION: D Barton, solicitor RESPONDENT G Lindsay SC, barrister ORDERS: 1. That leave be granted to the Applicant to file this Information out of time; 2. That the Respondent's current practising certificate be cancelled as from 1 January 2005; 3. That a practising certificate is not to be issued to the Respondent until the end of a period of 18 months commencing on 1 January 2005; 4. That the Respondent pay the Applicant's costs, agreed at $4,200.