Council of the Law Society of New South Wales v Somerfield [2008] NSWADT 235

CITATION: Council of the Law Society of New South Wales v Somerfield [2008] NSWADT 235

DIVISION: Legal Services Division

APPLICANT Council of the Law Society of New South Wales PARTIES: RESPONDENT David Ward Somerfield

FILE NUMBER: 072044

HEARING DATES: 1 August 2008

SUBMISSIONS CLOSED: 1 August 2008

DATE OF DECISION: 22 August 2008

BEFORE: Haylen W - J (Deputy President); Barnes M - Judicial Member; Bennett C - Non Judicial Member

MATTER FOR DECISION: Principal Matter

Legal Profession Act 1987 LEGISLATION CITED : Legal Profession Act 2004 Superannuation Guarantee Charge Act 1992 (Cth)

APPLICANT P Boyd, solicitor REPRESENTATION: RESPONDENT T Williams, solicitor M Muston, solicitor

Following orders made by consent: 1. The solicitor David Ward Somerfield pay a fine of $5,000 payable within one month of the date of these Orders 2. The solicitor David Ward Somerfield will be publicly reprimanded ORDERS: 3. David Ward Somerfield is to pay the costs of the Council of the Law Society of New South Wales in these proceedings agreed in the sum of $5,000.00 payable within three months of the date of these Orders 4. David Ward Somerfield within six months (or such other period as may be approved by the Manager of the Professional Standards Department, or the Tribunal) to undertake and successfully complete with a pass mark of not less than 75% a Trust Account course conducted by the College of law or (if such course is discontinued or otherwise becomes unavailable) complete such other course conducted by another body as approved by the manager of the Professional Standards Department by the Tribunal 5. In default of compliance with Orders, 1, 3 and 4 the solicitor's practising certificate be immediately suspended until he complies with the Orders 6. Liberty to apply on seven (7) days' notice to either party.