Law Society of New South Wales v McCarthy [2003] NSWADT 198

CITATION: Law Society of New South Wales v McCarthy [2003] NSWADT 198 DIVISION: Legal Services Division APPLICANT PARTIES: Council of the Law Society of New South Wales RESPONDENT Peter James McCarthy FILE NUMBER: 032001 HEARING DATES: 10/07/2003 SUBMISSIONS CLOSED: 07/10/2003 DATE OF DECISION: 08/13/2003

BEFORE: O'Connor K - DCJ (President); Hale S - Judicial Member; O'Neill A - Member APPLICATION: Penalty MATTER FOR DECISION: Pricipal matter LEGISLATION CITED : Legal Profession Act 1987 Law Society of New South Wales v McCarthy [2002] NSWADT 58 CASES CITED: Re Hodgekiss (1962) 62SR (NSW) 340; 79 WN 163 Briginshaw v Briginshaw (1938) 60 CLR 336 APPLICANT REPRESENTATION: I Wales, barrister RESPONDENT R Cuddy, barrister ORDERS: 1. The practitioner's practising certificate be suspended for a period of 3 months commencing on 1 September 2003 or on another date not being later than 1 December 2003 if agreed by the Law Society.; 2. The practising certificate entitle the practitioner to practise on his own account subject to the following restrictions:; (i) that he act as a solicitor only in the course of an engagement by another solicitor holding an unrestricted practising certificate; (ii) that his engagement will be under the supervision of the solicitor who sought his services; (iii) that prior to such engagement as referred to in (i) above the legal practitioner make available to the solicitor, for whom he has been requested to undertake work, a copy of these conditions and this Order.; 3. The practitioner pay the costs of the Law Society as agreed or as determined after assessment in accordance with the Legal Profession Act 1987.