Council of the Law Society of NSW v Mavrakis [2010] NSWADT 103

CITATION: Council of the Law Society of NSW v Mavrakis [2010] NSWADT 103 This decision has been amended. Please see the end of the decision for a list of the amendments.

DIVISION: Legal Services Division

APPLICANT The Council of the Law Society of New South Wales PARTIES: RESPONDENT George John Mavrakis

FILE NUMBER: 092019

HEARING DATES: 4 & 5 February 2010

SUBMISSIONS CLOSED: 5 February 2010

DATE OF DECISION: 28 April 2010

BEFORE: Riordan M - Judicial Member; Pheils J - Judicial Member; Bennett C - Non-Judicial Member

CATCHWORDS: Solicitor – disciplinary application – professional misconduct

LEGISLATION CITED : Legal Profession Act 2004 Revised Professional Conduct and Practice Rules 1995 – Rule 12

Law Society of New South Wales v Jones (Unreported - Court of Appeal - 24 July 1978) Dupal v The Law Society of New South Wales (Unreported - Court of Appeal - 26 April 1990) Law Society of New South Wales v Lee [2005] NSWADT 242 Law Society of New South Wales v Hannam [2006] NSWADT 24 CASES CITED: Xu v Law Society of New South Wales [2009] NSWCA 430 Legal Practitioners Complaints Committee v Edwards [2007] WASC 287 Law Society of New South Wales v Moulton [1981] 2 NSWLR 736 New South Wales Bar Association v Evatt (1968) 117 CLR 177

APPLICANT S Barnes, barrister REPRESENTATION: RESPONDENT T Lynch, barrister

Orders1.That George John Mavrakis is publicly reprimanded and that this reprimand is published in the Register maintained by the Legal Services Commissioner pursuant to the Act 2.That George John Mavrakis be fined the sum of $3,000 ORDERS: 3.That the practising certificate issued to George John Mavrakis be subject to the following conditions:(i)He shall maintain a Trust Account while practising as a sole practitioner, principal or Director of an Incorporated Legal Practice.(ii)He will conduct such Trust Account at all times in accordance with the requirements of the Legal Profession Act 2004and the Legal Profession Regulation 2005 or such other regulatory or statutory requirements as may govern the conduct of solicitors' Trust Accounts.(iii) For the period up to and including 30 June 2012, he shall retain, at his expense, an accountant acceptable to the Law Society of New South Wales, and is to ensure that such accountant furnish to the Law Society of New South Wales not later than 21 August, 21 November, 21 March and 21 May in each year a report in which the accountant: (a)Confirms substantial compliance by the Plaintiff with all statutory or regulatory requirements governing the conduct of Trust Accounts; and (b)Details any apparent contraventions of or departures from any such statutory or regulatory requirements;(c)Confirms that all Business Activity Statements have been duly completed and lodged by the required dates therefore; and (d)Confirms that all amounts required to be paid or remitted by the Plaintiff for contributions to Employee Superannuation and PAYG and PAYE tax and GST have been paid or remitted by the due dates therefore; and (e) Details any apparent contraventions or departures from the obligations of the Plaintiff in relation to the lodgement of Business Activity Statements and the payment or remittance of superannuation contributions, PAYG and PAYE tax and GST 4.That George John Mavrakis is permitted to continue practising as a Solicitor on the condition that he shall within 14 days of the date of this decision provide the Society with the following irrevocable written undertakings:a. That he will undertake a course in Ethics that is approved by the Society that commences either prior to 31 May 2010 (or if such a course is unavailable prior to that date, the first course thereafter), with the proviso that the course must be completed to the satisfaction of the Society by 30 November 2010.b.That he will on and from the date of his undertakings participate in the Senior Solicitors Program and accept mentoring by a Senior Solicitor nominated by the Society for a period of no less than three (3) years from the date of this decision and to confer frequently and co-operate with that Senior Solicitor in the conduct of his program. The costs of his participation in this program are to be borne by the Solicitor 5.In the event of, and upon any default in the satisfaction of any of the undertakings required by Order 4 above, George John Mavrakis' Practising Certificate shall be suspended forthwith and shall remain so for the duration of the default 6.George John Mavrakis shall pay the Society's costs of and incidental to these proceedings, as agreed or assessed.