Law Society of New South Wales v Oliver [2007] NSWADT 210

CITATION: Law Society of New South Wales v Oliver [2007] NSWADT 210

DIVISION: Legal Services Division

APPLICANT PARTIES: Council of the Law Society of New South Wales RESPONDENT Brian William Oliver

FILE NUMBER: 062019

HEARING DATES: 2 & 3 April 2007

SUBMISSIONS CLOSED: 3 April 2007

EXTEMPORE DECISION DATE: 3 April 2007

DATE OF DECISION: 11 September 2007

BEFORE: Karpin A - ADCJ (Deputy President); Barnes M - Judicial Member; Dyster B - Non Judicial Member

CATCHWORDS: Solicitor – Disciplinary application

MATTER FOR DECISION: Principal matter

LEGISLATION CITED : Legal Profession Act 2004

APPLICANT N Beaumont, barrister REPRESENTATION: RESPONDENT P Lakatos, barrister

ORDERS: 1.Finding that the solicitor is guilty of professional misconduct; 2. The Tribunal reprimands the solicitor; 3.Solicitor fined $3300.00 to be paid within 30 days. In default of such payment upon 7 days notice matter may be listed before the Tribunal for an order (if the Tribunal sees fit) that the solicitor's practising certificate be suspended until he makes such payment.; 4. Solicitor to pay Law Society's costs of the proceedings, agreed in the sum of $25,000 inclusive of GST payable over 5 years from date of orders. First payment to be made on 2 October 2007 in equal six monthly instalments, save in the event of default the whole amount becomes immediately due and payable.; 5.For the period 30 June 2007 to 30 June 2009 the solicitor to make, on an annual basis, his tax returns and the accounting records used to make up those returns, available for inspection by an accountant nominated by him and approved by the Law Society, at the solicitor's expense.; 6.The solicitor to ensure that the said accountant provide to the Council of the Law Society, at the solicitor's expense, for the period up to and including 30 June 2009, an annual report indicating that, to the best of the accountant's knowledge and belief, the solicitor has complied with his reporting and payment obligations to the Australian Taxation Office and to his staff (if any). Such reports to be received by the Council of the Law Society no later than 60 days after the end pf each financial year, the first of which shall be due for the financial year ending 30 June 2007.; 7. Tribunal orders that the transcript of proceedings be taken out and referred to the Registrar of the Administrative Decisions Tribunal to be forwarded to the Legal Services Commissioner for consideration as to the conduct of the partners of Shaddick Baker & Paull, solicitors.