NSW Caselaw
CITATION: Legal Services Commissioner v Malouf [2007] NSWADT 215
DIVISION: Legal Services Division
APPLICANT PARTIES: Legal Services Commissioner RESPONDENT Gerard Francis Malouf
FILE NUMBER: 062010
HEARING DATES: 9 & 10 October 2006
SUBMISSIONS CLOSED: 10 October 2006
DATE OF DECISION: 18 September 2007
BEFORE: Karpin A - ADCJ (Deputy President); Barnes M - Judicial Member; Costigan M - Non Judicial Member
CATCHWORDS: Solicitor – Disciplinary application
MATTER FOR DECISION: Prinicpal matter
Legal Profession Act 1987 LEGISLATION CITED : Legal Profession Act 2004 Legal Profession Regulation 2002 Workers Compensation Regulation 2003
APLA Ltd. v. Legal Services Commissioner (NSW) 2005 (8 CA 44) Briginshaw v. Briginshaw (1938) 160 CLR 336 CASES CITED: Director of Public Prosecutions v United Telecasters Sydney Ltd. (1990) 168 CLR 594 Hoover Company (Australia) Pty. Ltd. v. Spackman (1998) 81 FCR 320 Kennedy v. Council of Incorporated Law Institute of New South Wales (1939) 12 ALJ 563
APPLICANT M Slattery SC with NJ Beaumont REPRESENTATION: RESPONDENT A Bellanto QC with MJ Maxwell
ORDERS: 1. The respondent is guilty of professional misconduct in respect of each of the five grounds of complaint.; 2. The respondent is publicly reprimanded.; 3. The respondent is ordered to pay a fine in the sum of $20,000 within 3 months.; 4. The respondent to pay the costs of the applicant of and incidental to this application as agreed or assessed.
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