Law Society of New South Wales v Swane [2005] NSWADT 197

CITATION: Law Society of New South Wales v Swane [2005] NSWADT 197 DIVISION: Legal Services Division APPLICANT PARTIES: Council of the Law Society of New South Wales RESPONDENT Bruce Alexander Swane FILE NUMBER: 052001 HEARING DATES: 3/05/2005 and 8/06/2005 SUBMISSIONS CLOSED: 06/08/2005 DATE OF DECISION: 08/24/2005

BEFORE: Brennan JWF - Judicial Member; Riordan M - Judicial Member; Fitzgerald R - Non Judicial Member APPLICATION: Professional Misconduct - breach of s. 55 of the Legal Profession Act - Professional Misconduct - delay - Professional Misconduct - fail to account - Professional Misconduct - fail to communicate - Professional Misconduct - fail to comply with s. 152 Notice MATTER FOR DECISION: Principal Matter LEGISLATION CITED : Family Provision Act 1982 Legal Profession Act 1987 Allinson v General Council of Medical Education and Registration [1894] QBD 750 Briginshaw v Briginshaw [1938] 60 CLR 336 Kennedy v The Council of the Incorporated Law Institute of New South Wales 1940 ALJ 563 Law Society v Bannister [1990] NSW LST 7 CASES CITED: Law Society of NSW v Bannister [1993] NSW LST 6 Law Society of NSW v Berry [2005] NSW ADT 46 Law Society of NSW v Ciampa [1999] NSW ADT 13 Law Society of NSW v Jayawardena [2005] NSW ADT 96 Law Society of NSW v Konstantinidis [No. 2] [2005] NSW ADT 87 Law Society of NSW v Whitting [2005] NSW AT 150 APPLICANT REPRESENTATION: P Boyd, Solicitor RESPONDENT R Broadhead, Counsel ORDERS: 1. That a practising certificate not be issued to Bruce Alexander Swane until after the expiration of five (5) years from the date of these orders; 2. That Bruce Alexander Swane pay a fine of Five thousand dollars ($5,000.00) within ninety (90) days from the date of these orders; 3. That the practitioner be publicly reprimanded ; 4. That Bruce Alexander Swane pay the costs of the Law Society of New South Wales in these proceedings agreed in the sum of $2,500.00 within ninety (90) days from the date of order.