Law Society of New South Wales v Jayawardena [2005] NSWADT 96

CITATION: Law Society of New South Wales v Jayawardena [2005] NSWADT 96 DIVISION: Legal Services Division APPLICANT PARTIES: Council of the Law Society of New South Wales RESPONDENT Muhandiramge Jayawardena FILE NUMBER: 042030 HEARING DATES: 7/03/2005 SUBMISSIONS CLOSED: 03/07/2005 DATE OF DECISION: 05/03/2005

BEFORE: Vass CB -Judicial Member; Greenwood J - Judicial Member; Geddes J - Non Judicial Member APPLICATION: Professional Misconduct - fail to assist & cooperate with investigation - Professional Misconduct - fail to comply with s. 152 Notice - Professional Misconduct - mislead Law Society/Bar Association/LSC - Professional Misconduct - practice without appropriate practicsing certificate MATTER FOR DECISION: Principal matter LEGISLATION CITED : Legal Profession Act 1987 CASES CITED: Mee Ling v The Law Society of New South Wales (1974) NSW LR 490 APPLICANT REPRESENTATION: P Boyd, solicitor RESPONDENT C Sandrasegara, barrister ORDERS: 1. That the Solicitor be publicly reprimanded; 2. That the Solicitor be fined the sum of $2,500.00 to be paid within 12 months of the date of these orders and the Solicitor is further ordered to pay off the amount of the fine by equal monthly instalments of $208.33, such instalments to be received prior to the due date and the first date for payment will be one calendar month after the date of these orders, and thereafter, on the same day of each month until the full amount is paid; 3. It is further ordered that should any one payment be in arrears for more than seven days, then the Solicitor's Practising Certificate shall be suspended until all payments are up to date and being paid in accordance with this order; 4. The Solicitor pay the costs of The Law Society to be agreed or assessed; 5. The Solicitor is to undertake and successfully complete a course in Legal Ethics conducted by the College of Law or complete such other course as approved by the manager of the Professional Standards Department of The Law Society and such course is to be undertaken and completed within twelve calendar months from the date of these orders or such further time as is approved by the manager of the Professional Standards Department