Herat and Peet -v- Law Society of New South Wales [2000] NSWADT 2

CITATION: Herat and Peet -v- Law Society of New South Wales [2000] NSWADT 2 DIVISION: Legal Services Division APPLICANTS Bruce Herat, Kenneth Clive Peet PARTIES: RESPONDENT Law Society of New South Wales FILE NUMBER: 992016 HEARING DATES: 03/12/99 SUBMISSIONS CLOSED: 12/03/1999 DATE OF DECISION: 01/06/2000

BEFORE: Goodman N - Judicial Member; Pheils J - Judicial Member; Miller PO - Member APPLICATION: Approval to employ a person convicted of an indictable offence (s.48K) MATTER FOR DECISION: Principal matter LEGISLATION CITED : Legal Profession Act 1987 Camille Edouard Dezarnaulds and Stephen Wawn v The Law Society of New South Wales (unreported Supreme Court 27 June 1995) CASES CITED: Law Society of New South Wales v Bannister (1993) 4 LPDR 24 In the matter of Iverson (unreported 26 July 1996 No 30 of 1995 ) APPLICANT REPRESENTATION: B Herat, solicitor RESPONDENT L Pierotti, solicitor ORDERS: Orders made on 3 December 1999; 1. Pursuant to s48K (2) ( c ) of the Legal Profession Act 1987 the Tribunal approves the employment of Kenneth Clive Peet, a person convicted of an indictable offence and who does not hold current practicing certificate, with Herat Solicitors.; 2. That employment is subject to the following conditions:; a)The duties undertaken are confined to an administrative position in the practice, including but not limited to:-; i)The setting up of work flow and quality control systems.; ii)Drafting legal documents for consideration by Mr Herat.; iii)Providing consultative advice in respect of marketing and maintaining client bases.; iv)Perusing and reporting on draft contracts for sale.; b)He is not to be a signatory of any office bank account or trust account.; c)Any access to the clients of Herat Solicitors is to be either supervised or with the knowledge of Mr Herat. ; 3. No order as to costs.