The Law Society of New South Wales v Cotsicos [2008] NSWADT 354

CITATION: The Law Society of New South Wales v Cotsicos [2008] NSWADT 354

DIVISION: Legal Services Division

APPLICANT The Council of the Law Society of New South Wales PARTIES: RESPONDENT Philip Arthur Cotsicos

FILE NUMBER: 082013

HEARING DATES: 8 October 2008

SUBMISSIONS CLOSED: 8 October 2008

EXTEMPORE DECISION DATE: 8 October 2008 BEFORE: Brennan J - Judicial Member; Riordan M - Judicial Member; Tingle J - Non-Judicial Member

CATCHWORDS: Professional Misconduct, Misappropriation, Forgery and Falsification of documents

LEGISLATION CITED : Legal Profession Act 2004

Allinson v General Council of Medical Education and Registration [1894] QBD 750 CASES CITED: Briginshaw v Briginshaw (1938) 60 CLR 336 Kennedy v The Council of the Incorporated Law Institute of New South Wales (1940) 13 ALJR 563

APPLICANT L Pierotti, solicitor REPRESENTATION: RESPONDENT In person

ORDERS: 1.That the name of Philip Arthur Cotsicos be removed from the Roll 2.That the said Philip Arthur Cotsicos pay the costs of the Law Society agreed in the sum of $5,950.00.

REASONS FOR DECISION 1 On 6 June 2008 the Council of the Law Society of New South Wales ("the Society") filed an Application pursuant to S551 of the Legal Profession Act 2004 ("LPA") against Philip Arthur Cotsicos ("the Solicitor"). The Society alleged that the Solicitor while practising as a Solicitor was guilty of professional misconduct as set out in detail and particularised in the Application. 2 The Application was based on five separate complaints as follows: A. Complaint made by the Council of the Law Society on 21 July 2005: