The Council of the Law Society of New South Wales v Oliveri [2007] NSWADT 246

CITATION: The Council of the Law Society of New South Wales v Oliveri [2007] NSWADT 246

DIVISION: Legal Services Division

APPLICANT PARTIES: The Council of the Law Society of New South Wales RESPONDENT Emanueli Oliveri

FILE NUMBER: 062026

HEARING DATES: 17-18 September 2007

SUBMISSIONS CLOSED: 18 September 2007

DATE OF DECISION: 10 October 2007

BEFORE: Molloy GB - Judicial Member; Riordan M - Judicial Member; Fitzgerald R - Non Judicial Member

CATCHWORDS: Solicitor – Disciplinary application

MATTER FOR DECISION: Principal matter

LEGISLATION CITED : Legal Profession Act 1987

Bringinshaw v. Bringinshaw (1938) 60 CLR 336 Re: Hodgekiss [1962] SR (NSW) 340 at 352-3 Johns v. Law Society of NSW [1982] 2 NSWLR 1 CASES CITED: Law Society v. Conn [1992] NSWLST 4 Law Society v. Green [2001] NSWADT 142 Law Society v. Foreman (1994) 34 NSWLR 408 at 412(B-D) Re: Mayes and the Legal Practitioner's Act [1974] 1 NSWLR 19

APPLICANT N C T Bilinsky, barrister

REPRESENTATION: RESPONDENT B W Rayment QC & D T Kell, barrister COMPENSATION CLAIMANT M Gallego, solicitor

ORDERS: The Tribunal makes the following Orders:; 1. The practitioner is cautioned.; 2. No order for costs.; 3. The practitioner pay the compensation claimant (Suttor) $1,290.00. ; 4. Leave granted to the compensation claimant to re-list these proceedings should she seek to argue that she is entitled to an order for interest on the compensation amount and/or an order for costs in relation to her compensation claim. Should no relevant application be made within 28 days of the date of this Judgment the Order of this Tribunal will be (relevantly) that no interest be paid in respect of the compensation amount and/or no order for costs in relation to the compensation application (as may be applicable).