Law Society of New South Wales v Hill [2005] NSWADT 31

CITATION: Law Society of New South Wales v Hill [2005] NSWADT 31 DIVISION: Legal Services Division APPLICANT PARTIES: Council of the Law Society of New South Wales RESPONDENT John Frederick William Hill FILE NUMBER: 042023 HEARING DATES: 24/01/2005 SUBMISSIONS CLOSED: 01/24/2005 DATE OF DECISION: 02/18/2005

BEFORE: O'Connor K - DCJ (President); Durbach A - Judicial Member; Dyster B - Non Judicial Member APPLICATION: Professional Misconduct - breach of s. 61 of the Legal Profession Act - Professional Misconduct - breach of s. 62 of the Legal Profession Act - Professional Misconduct - misappropriate trust moneys/moneys - Professional Misconduct - mislead Court/Tribunal - Professional Misconduct - swear false affidavit - Professional Misconduct - transfer money without authority MATTER FOR DECISION: Principal matter LEGISLATION CITED : Legal Profession Act 1987 Barwick v Law Society of New South Wales (No. 2) [2003] NSWADTAP 4 Barwick v The Council of the Law Society of New South Wales [2004] NSWCA 32 Dupal v Law Society of New South Wales (unreported, NSWCA, 26 April 1990) In re a Practitioner [1941] SASR 48 CASES CITED: In re a Practitioner (1982) 30 SASR 27 Law Society of New South Wales v Bannister (1993) 4 LPDR 24 (CA) Law Society of New South Wales v Foreman (1991) 24 NSWLR 238 Law Society of New South Wales v Jones (unreported, NSWCA, 27 July 1978) Re Nelson [1991] ACTSC 111 Nelson v The Law Society of the Australian Capital Territory, ACTSC, 5 June 1992 (unreported) APPLICANT REPRESENTATION: L Pierotti, solicitor RESPONDENT In person ORDERS: ORDERS MADE 24/01/2005; 1. That the name of John Frederick William Hill be removed from the roll of Legal Practitioners.; 2. That John Frederick William Hill pay the Council's costs of and incidental to these proceedings to be agreed or, in default of agreement, as assessed.