Law Society of New South Wales v Davidson [2007] NSWADT 264

CITATION: Law Society of New South Wales v Davidson [2007] NSWADT 264

DIVISION: Legal Services Division

APPLICANT PARTIES: Law Society of New South Wales RESPONDENT Mark Ronald Frank Davidson

FILE NUMBER: 052030

24 March 2006 HEARING DATES: 9 August 2006 16 November 2006

SUBMISSIONS CLOSED: 16 November 2006

DATE OF DECISION: 16 November 2007

BEFORE: Karpin A - ADCJ (Deputy President); Currie JS - Judicial Member; Bubniuk L - Non Judicial Member

CATCHWORDS: Solicitor – Disciplinary application

MATTER FOR DECISION: Principal matter

LEGISLATION CITED : Legal Profession Act 1987

Murray v. Legal Services Commissioner 1999 NSWCA 70 CASES CITED: Briginshaw v. Briginshaw (1938) 60 CLR 336 Re Robb & Anor (1996) 134 FLR 294 Johns v. The Law Society of New South Wales [1982] 2 NSWLR 1

P Boyd, solicitor REPRESENTATION: G Walsh, solicitor

ORDERS: 1. The solicitor is publicly reprimanded ; 2. The solicitor is fined $5,000.00 on each matter of breach of s. 61 LPA; 3. The total fine of $20,000 to be paid by 4 installments each of $5,000, the first not later than 31 January 2008; the second not later than 31 March 2008; the third not later than 31 May 2008; and the fourth not later than 31 July 2008; 4. The solicitor to pay the costs of the Law Society of and incidental to these proceedings, within 6 months of those costs being agreed or assessed; 5. The solicitor's Trust and Office accounts are to be subject to inspection by an accountant nominated or approved by the Law Society, to ensure that moneys received by the solicitor are dealt with in accordance with the provisions of the Legal Practitioners Act 2004. Such inspections to be carried out as at 30 June 2008; 31 December 2008 and 30 June 2009; 6. Following each such inspection, the accountant is to submit a report to the Law Society of New South Wales. Those reports to be delivered not later than: 31 August 2008; 28 February 2009; 31 August 2009. The costs of such inspections and reports to be paid by the solicitor within 28 days of receiving a Tax Invoice in respect of those services; 7. If the solicitor fails to comply with orders iii, iv, and vi above, his practicing certificate will be immediately suspended until the order is complied with.