Law Society of New South Wales v Rex [2003] NSWADT 148

CITATION: Law Society of New South Wales v Rex [2003] NSWADT 148 DIVISION: Legal Services Division APPLICANT PARTIES: The Council of the Law Society of New South Wales RESPONDENT David Richmond Rex FILE NUMBER: 012016 HEARING DATES: 4 April 2003 SUBMISSIONS CLOSED: 04/04/2003 DATE OF DECISION: 06/19/2003

BEFORE: Brennan JWF - Judicial Member; Norton S SC - Judicial Member; Bennett C - Member APPLICATION: Penalty MATTER FOR DECISION: Penalty LEGISLATION CITED : Legal Profession Act 1987 Law Society of NSW –v- Bannister 1993 4 LPDR 24 Walsh –v- Law Society of NSW [1999] 164 ALR 405 CASES CITED: Ziems –v- The Prothonotary (1957) 97CLR279 Ex parte Brounsall (1778) 2Cowp82 Incorporated Law Institute of New South Wales –v- Meagher (1909) 9CLR655 Ex parte Macaulay (1930) 30SR (NSW) 193 APPLICANT REPRESENTATION: P Boyd, solicitor RESPONDENT J Blackman, barrister ORDERS: Orders made 4 April 2003:; 1 That the legal practitioner be publicly reprimanded; 2 That the legal practitioner pay a fine in the sum of Fifteen thousand dollars ($15,000.00) by six (6) instalments of Two thousand five hundred dollars ($2,500.00) each, the first of such payments to be made on or before 4 October 2003 and the remaining five payments to be made at six-monthly intervals from 4 October with the final payment to be made on or before 4 April 2006; 3 That the legal practitioner pay the costs of the Law Society of New South Wales assessed and determined in the sum of Ten thousand dollars ($10,000.00) such costs to be paid by four (4) annual instalments of Two thousand five hundred dollars ($2,500.00) each, the first of such payments to be made on 4 April 2004 and the remaining three payments to be made on 4 April 2005, 4 April 2006 and 4 April 2007; 4 In the event that the legal practitioner defaults in payment of any instalment of the fine or costs payable under these orders then all moneys due and owing, whether for costs or for fine as at the date of such default shall thereupon become due and payable in full