Law Society of New South Wales -v- di Bello & Legal Services Commissioner -v- di Bello [2000] NSWADT 13

CITATION: Law Society of New South Wales -v- di Bello & Legal Services Commissioner -v- di Bello [2000] NSWADT 13 revised - 24/02/2000 DIVISION: Legal Services Division APPLICANT (9819) Legal Services Commissioner

PARTIES: APPLICANT (9822 & 992021) Council of the Law Society of New South Wales

RESPONDENT Tino di Bello FILE NUMBER: 9819; 9822; 992021 HEARING DATES: 10/10/98, 29/10/98, 30/11/98, 01/03/99, 05/08/99 SUBMISSIONS CLOSED: 08/05/1999 DATE OF DECISION: 02/03/2000

BEFORE: Fox R - Judicial Member; Pheils J - Judicial Member; APPLICATION: Professional Misconduct - fail to comply with s. 152 Notice - Professional Misconduct - fail to keep client adequately advised - Professional Misconduct - gross negligence and delay/gross delay/delay - Professional Misconduct - mislead client - Professional Misconduct - mislead Court/Tribunal MATTER FOR DECISION: Principal matter LEGISLATION CITED : Legal Profession Act 1987 CASES CITED: APPLICANTS P Kellow, solicitor, for Legal Services Commissioner REPRESENTATION: J Shevlin, solicitor, instructed by R J Collins for Law Society of New South Wales RESPONDENT C Simpson, barrister Castrission & Co (solicitors) ORDERS: 1. That the Practitioner not be issued with a Practising Certificate until 15 May 2002.; 2. That the Practitioner not be issued with a Practising Certificate until he establishes to the satisfaction of the relevant Council that he is medically and psychiatrically fit to practise as a solicitor and, that he has undertaken an appropriate risk management course and that he has established to the relevant council that he has undertaken appropriate work of a law related nature, or appropriate studies or other courses to have maintained legal knowledge and expeertise.; 3. That he not practise in personal injury law until he establishes to the relevant Council, by appropriate medical and psychiatric certification that he is fit so to do.; 4. That upon the Practitioner being issued with a Practising Certificate and commencing ful time practice (whether as employee or principal) his practice be inspected by an appointee of the relevant Council at 3 consecutive 6 monthly intervals.; 5. That the practitioner pay the costs of the Law Society in an amount, and at intervals to be agreed between them, and filed with the Tribunal papers, if no agreement, liberty to apply.