Law Society of New South Wales v Cornwell No.2 [2006] NSWADT 308

CITATION: Law Society of New South Wales v Cornwell No.2 [2006] NSWADT 308

DIVISION: Legal Services Division

APPLICANT PARTIES: Council of the Law Society of New South Wales RESPONDENT Brien Ernest Cornwell

FILE NUMBER: 052019

HEARING DATES: 23/06/2006

SUBMISSIONS CLOSED: 06/23/2006

DATE OF DECISION: 10/31/2006

BEFORE: Brennan JWF - Judicial Member; Hale S - Judicial Member; Bennett C - 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

MATTER FOR DECISION: Principal matter

LEGISLATION CITED : Legal Practitioners Act 1898 Legal Profession Act 2004

Allinson v General Council of Medical Education and Registration [1894] QBD 750 Law Society of NSW v Bannister (1990) NSW LST 7 Law Society of NSW v Bannister [Court of Appeal] (1993) 4LPDR 24 [1993 NSWLST 6] Law Society of NSW –v- Berry (2005) NSW ADT 46 CASES CITED: Law Society of NSW –v- Cornwell [2006] NSWADT 72 ( 10 March 2006); Law Society of NSW–v- Ciampa (1997) NSWADT 13; Law Society of NSW–v- Foreman [1994] 34 NSWLR 408; New South Wales Bar Association –v- Evatt (1968) 117CLR 177 New South Wales Bar Association –v- Hamman 1999 NSWCA 404; Re Hodgekiss [1962] NSWSR 340

D Barton, solicitor REPRESENTATION: L M Morris QC with Mr Bolster

ORDERS: 1. That the Respondent be fined the sum of Eight thousand dollars ($8,000.00) such sum to be paid within sixty (60) days of order provided that in the event that such payment is not paid within that period of sixty (60) days that any Practising Certificate issued to the Respondent be cancelled and that no Practising Certificate be issued to the Respondent until the said fine has been paid in full.; 2. That the Respondent be publicly reprimanded;; 3. That the Respondent pay the costs of the Applicant of and incidental to these proceedings excluding the costs relating to the Application to the Tribunal heard on 2 December 2005, such costs to be as agreed between the parties within one (1) month of order and failing agreement then as assessed by an assessor of the Supreme Court.; 4. The Tribunal notes the undertaking of the Respondent not to apply for a practising certificate for a period of five years which period the Tribunal orders shall commence from the date of publication of these orders.