Law Society of New South Wales v Kekatos [2005] NSWADT 79

CITATION: Law Society of New South Wales v Kekatos [2005] NSWADT 79 DIVISION: Legal Services Division APPLICANT PARTIES: Council of the Law Society of New South Wales RESPONDENT Jim Kekatos FILE NUMBER: 032028 and 042006 HEARING DATES: 29/03/2004 SUBMISSIONS CLOSED: 07/16/2004 DATE OF DECISION: 04/07/2005

BEFORE: Mattila J - Judicial Member; Fox R - Judicial Member; Fitzgerald R - Non Judicial Member APPLICATION: Professional Misconduct - fail to comply with s. 152 Notice - Professional Misconduct - fail to lodge accountant's report with Law Society MATTER FOR DECISION: Principal matter LEGISLATION CITED : Legal Profession Act 1987 Legal Profession Regulation 2002 Re Hodgekiss 62SR (NSW) 240 In the matter of Patrick Danile Kane Solicitors Disciplinary Tribunal Application No 8670/2002 CASES CITED: Veghelyi (Supreme Court of NSW matter number 12662 of 1989, unreported, 6 September 1989) Law Society of New South Wales v Graham [2004] NSW ACT 213 Law Society of New South Wales v Cass [2004] NSW ACT 259 APPLICANT REPRESENTATION: L Pierotti, solicitor RESPONDENT R MacDougal, solicitor ORDERS: 1.In matter number 032028 in relation to Mr Cassaniti, the First Complaint is dismissed. In relation to the Second Complaint in relation to Mr Chen Matter Number 032028 the Solicitor is guilty of professional misconduct and fined $500 with three months to pay; 2.In Matter Number 042006 that the Solicitor failed to lodge an Accountant's Report on time as required under Clause 94(I) of the Legal Profession Regulation 2002. – Matter dismissed; 3.In matter number 032028 and matter number 042006, no order for costs