Law Society of New South Wales v Terracciano [2005] NSWADT 86

CITATION: Law Society of New South Wales v Terracciano [2005] NSWADT 86 DIVISION: Legal Services Division APPLICANT PARTIES: Council of the Law Society of New South Wales RESPONDENT Mark Terracciano FILE NUMBER: 042002 HEARING DATES: 14/02/2005 SUBMISSIONS CLOSED: 02/14/2005 DATE OF DECISION: 04/15/2005

BEFORE: Chesterman M - ADCJ (Deputy President); Brennan JWF - Judicial Member; Taksa L - Non Judicial Member APPLICATION: Professional Misconduct - breach of s. 61 of the Legal Profession Act - Professional Misconduct - fail to account - Professional Misconduct - misappropriate trust moneys/moneys MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 Administrative Decisions Tribunal Rules (Transitional) Regulation 1998 LEGISLATION CITED : Legal Practitioners Act 1898 Legal Profession Act 1987 Legal Profession Act 2004 Legal Profession Regulation 2002 A Solicitor v Council of the Law Society of New South Wales [2004] HCA 1 Dupal v Law Society of New South Wales, Unreported, 26 April 1990, Court of Appeal, NSW (BC9002508) Ex parte Lenehan (1948) 77 CLR 403 CASES CITED: Law Society of New South Wales v Foreman (1994) 34 NSWLR 408 Law Society of New South Wales v Goold [2001] NSWADT 171 Law Society of New South Wales v Moulton [1981] 2 NSWLR 736 Law Society of New South Wales v Witherdin [2004] NSWADT 237 Re Penfold (1998) 2 LPDR 19 APPLICANT REPRESENTATION: D Barton, solicitor RESPONDENT In person ORDERS: 1. That the name of the Respondent be removed from the roll of legal practitioners; 2. That the Respondent pay the Applicant's costs of these proceedings, agreed at $2,500, by ten equal monthly instalments over a period of 10 months, with the first instalment to be paid one calendar month after the date of this decision.