Law Society of New South Wales v Hovan [2003] NSWADT 208

CITATION: Law Society of New South Wales v Hovan [2003] NSWADT 208 DIVISION: Legal Services Division APPLICANT PARTIES: The Law Society of New South Wales RESPONDENT George Leslie Hovan FILE NUMBER: 022012 HEARING DATES: 20/01/2003, 22/01/2003, 23/01/2003, 09/04/2003, 10/04/2003 SUBMISSIONS CLOSED: 04/10/2003 DATE OF DECISION: 09/08/2003

BEFORE: Brennan JWF - Judicial Member; Barnes M - Judicial Member; O'Neill A - Member APPLICATION: Costs - Professional Misconduct - breach of s. 61 of the Legal Profession Act - Professional Misconduct - breach of s. 62 of the Legal Profession Act - Professional Misconduct - fail to appear at hearing - Professional Misconduct - fail to carry out work assigned - Professional Misconduct - fail to communicate - Professional Misconduct - fail to comply with cost assessor under s. 207 - Professional Misconduct - fail to comply with request of Inspector - Professional Misconduct - fail to comply with s. 152 Notice - Professional Misconduct - fail to disclose costs - Professional Misconduct - fail to keep accounts - Professional Misconduct - fail to pay third party - Professional Misconduct - fail to provide accounts - Professional Misconduct - fail to respond to letters - Professional Misconduct - prefer own interests to those of others MATTER FOR DECISION: Principal Matter LEGISLATION CITED : Legal Profession Act 1987 CASES CITED: Allison v The General Council of Medical Education and Registration (1894) QBD 750, Barwick v Law Society of NSW 2000 HCA 2, Briginshaw v Briginshaw (1938) 70 CLR 336, Castle v Legal Services Commission and Anor No 2 (2000) NSWCLR 336, Colvin v Carr (1979) 1NSWLR 1, Forbes v NSW Trotting Club (1979) 143 CLR 242, Veron; ex parte Law Society of New South Wales (1966) 84 WN 136, Hodgekiss (1959) 62SR (NSW) 340, City Equitable Fire Insurance Co (1925) Ch. 407, Mayes and the Legal Profession Act [1974] 1NSWLR 19, Vickery (1930) 2Ch. 572, Kennedy v The Council of the Incorporated Law Institute of New South Wales (1940) 13 ALJR 563, Law Socity of NSW v Bannister (1993) 4LPDR 24, Law Socity of NSW v James (unreported 27 July 1978), NSW Crime Commission v Heal & Fleming (unreported Court of Appeal 14 August 1991) APPLICANT REPRESENTATION: D Barton, solicitor RESPONDENT No Appearance ORDERS: 1. That the Respondent is guilty of professional misconduct.; 2. That the name of George Leslie Hovan be removed forthwith from the roll of legal practitioners.; 3. That the Respondent pay the costs of the Applicant Society of and incidental to these proceedings determined by the Tribunal in the sum of $5,000.00 such payment to be made to the Applicant Society within one (1) month of the date of this order.