Council of the Law Society of New South Wales v Knudsen [2004] NSWADT 272

CITATION: Council of the Law Society of New South Wales v Knudsen [2004] NSWADT 272 DIVISION: Legal Services Division APPLICANT PARTIES: Council of the Law Society of New South Wales RESPONDENT Peter Stanley Knudsen FILE NUMBER: 012043; 022019; 022021; 032003 HEARING DATES: 14 & 15/08/2002, 21/03/2003, 31/05/2004 SUBMISSIONS CLOSED: 05/31/2004 DATE OF DECISION: 11/26/2004

BEFORE: Mattila J - Judicial Member; Vass CB -Judicial Member; Costigan M - Non Judicial Member APPLICATION: Professional Misconduct - Attempting to influence the evidence of a material witness - Professional Misconduct - breach of s. 61 of the Legal Profession Act - Professional Misconduct - fail to comply with s. 152 Notice - Professional Misconduct - make false statement - Professional Misconduct - misappropriate trust moneys/moneys - Unsatisfactory Professional Conduct - fail to comply with undertaking to Practitioner MATTER FOR DECISION: Principal matter LEGISLATION CITED : Legal Profession Act 1987 CASES CITED: Kennedy v Law Institute of NSW (1940) 13 ALJR APPLICANT REPRESENTATION: R R Stitt QC, barrister RESPONDENT R Weber, barrister ORDERS: 1. In relation to Matter No. 022021 the breach of section 61 of the Legal Profession Act 1987 - professional misconduct fined $10,000; 2. In relation to Matter No. 012043 failing to comply with an undertaking - unsatisfactory professional conduct. The Solicitor is publicly reprimanded for failure to comply with a Solicitor's undertaking; 3. In relation to Matter No. 022021 attempting to induce a witness not to give evidence in the disciplinary proceedings - professional misconduct. The Solicitor to be publicly reprimanded; 4. In relation to Matter No. 032003 in that the Solicitor made a statutory declaration knowing it to be false and misleading - professional misconduct. The Solicitor is fined $10,000 ; 5. In relation to Matter No. 022019 the failure to comply with section 152 notice of the Legal Profession Act 1987- professional misconduct. The Solicitor is fined $1,000 ; 6. The Solicitor to have six months to pay from the date of this decision and that at the expiration of the six month period if the fines have not been paid in full the Solicitors practicing certificate be suspended until the fine is paid; 7. The Solicitor is to pay the Law Society's costs, costs to be assessed on a Solicitor client basis as if taxed in the Supreme Court of New South Wales. If agreement cannot be reached between the parties either party may seek leave to appeal under section 208M of the Legal Professional Act 1987.