Law Society of New South Wales v Staniland [2009] NSWADT 290

CITATION: Law Society of New South Wales v Staniland [2009] NSWADT 290

DIVISION: Legal Services Division

APPLICANT Council of the Law Society of New South Wales PARTIES: RESPONDENT Kelly Ann Staniland

FILE NUMBER: 092003

HEARING DATES: 11 August 2009

SUBMISSIONS CLOSED: 11 August 2009

DATE OF DECISION: 25 November 2009

BEFORE: Barnes M - Judicial Member; Pheils J - Judicial Member; Tingle J - Non-Judicial Member

LEGISLATION CITED : Legal Profession Act 1987

APPLICANT Council of the Law Society of New South Wales L Pierotti, solicitor

REPRESENTATION: Legal Services Commissioner of New South Wales L Muston, solicitor

RESPONDENT J Anthony, solicitor

The following orders were made by consent:- ORDERS: 1. The name of Kelly Ann Staniland is removed from the Roll 2. Kelly Ann Staniland pay the costs of the Applicant of and incidental to these proceedings agreed at $2,875.00

REASONS FOR DECISION

1 The Council of the Law Society of New South Wales (the Law Society) filed an Application for original decision in the Tribunal on 11 February 2009. This Application alleged Kelly Ann Staniland was guilty of professional misconduct.

2 The particulars of the allegation of professional misconduct were that Kelly Ann Staniland made a false statutory declaration on 13 August 2005, that she made false statements in her letter dated 28 November 2005 to the Office of State Revenue in an attempt to mislead that Office and further, that she made a false statement in her Application dated 4 April 2006 to the Administrative Decisions Tribunal for "review of a decision made by the Chief Commissioner of State Revenue".