Law Society of New South Wales -v- Hurley [1999] NSWADT 140

CITATION: Law Society of New South Wales -v- Hurley [1999] NSWADT 140

DIVISION: Legal Services

APPLICANT: Council of Law Society of New South Wales

RESPONDENT: Brett William Hurley

FILE NUMBER: 9834

HEARING DATES: 11/09/1999

SUBMISSIONS CLOSED: 11/09/1999

DATE OF DECISION: 23 December 1999

R Turner Presiding Judicial Member BEFORE: H Reed - Judicial Member P O'Grady - Member

PRIMARY LEGISLATION: Legal Profession Act 1987

APPLICATION: Conduct calculated to mislead Court; Dishonest/unfair dealing with third parties in course of legal practice; Professional misconduct - solicitor ; Wrongful application of trust/controlled money or other valuable property -

MATTER FOR DECISION: Principal matter

Applicant: l Pierotti, solicitor, instructed by R J Collins REPRESENTATION: Respondent: P Capelin QC, instructed by Harrington Maguire & O'Brien, solicitors

1. The solicitor be publicly reprimanded. 2. The solicitor be fined $2,000. ORDERS: 3. The solicitor pay the costs of the Council of the Law Society as agreed at $5,725. 4. The solicitor undertakes to the Tribunal that for a period of two years from the date of the Tribunal's determination and orders or 1 January 2000 he will agree to his Practising Certificate being endorsed by the Law Society of New South Wales with a condition that his right to practise is subject to his practising in the employ of or in partnership with a Solicitor or Solicitors holding an unrestricted Practising Certificate. 5. If there is any delay in the solicitor being able to arrange the aforesaid he can approach the Tribunal for assistance.