Law Society of New South Wales -v- Sullivan [2000] NSWADT 167

CITATION: Law Society of New South Wales -v- Sullivan [2000] NSWADT 167 DIVISION: Legal Services Division APPLICANT Council of the Law Society of New South Wales PARTIES: RESPONDENT Timothy Matthew Sullivan FILE NUMBER: 992027 22/03/2000 19/04/2000 HEARING DATES: 27/04/2000 08/05/2000 30/10/2000 17/11/2000 SUBMISSIONS CLOSED: 11/17/2000 DATE OF DECISION: 11/17/2000

BEFORE: Coombs J QC - Judicial Member; Durbach A - Judicial Member; Klika D - Member APPLICATION: Professional Misconduct - act without instructions - Professional Misconduct - breach of s. 61 of the Legal Profession Act - Professional Misconduct - fail to comply with s. 152 Notice - Professional Misconduct - fail to keep client adequately advised - Professional Misconduct - hinder investigation - Professional Misconduct - hold out to be a Solicitor/Barrister without being the holder of a practising certificate - Professional Misconduct - misappropriate trust moneys/moneys - Professional Misconduct - mislead Court/Tribunal - Professional Misconduct - mislead Law Society/Bar Association/LSC - Professional Misconduct - practice as a Solicitor/Barrister without a practising certificate - Unsatisfactory Professional Conduct - delay - Unsatisfactory Professional Conduct - fail to keep client adequately advised MATTER FOR DECISION: Principal matter LEGISLATION CITED : Legal Profession Act 1987 Walsh v The Law Society of NSW 73 ALJR 1138 Barwick v Law Society of NSW 74 ALJR 419 The Society v Foreman, (1994) 34 NSWLR 408 The Society v Moulton (1981) 2 NSWLR 736 CASES CITED: Prothonotary v Ritchard (C/A unreported, 31/07/1987) Jauncey v The Society (C/A unreported, 01/02/1989) The Society v McNamara (unreported 07/03/1980) In re a Practitioner (1984) 36 SASR 590 Vegehlyi v The Society (C/A unreported, 06/10/1995) APPLICANT REPRESENTATION: P Boyd, solicitor RESPONDENT B Caffrey, solicitor ORDERS: 1. That the name of Timothy Matthew Sullivan be removed from the Roll of Legal Practitioners of the Supreme Court of New South Wales; 2. That the Respondent pay the costs of the Applicant as agreed or assessed.