Law Society of NSW v Markovski [2009] NSWADT 92

CITATION: Law Society of NSW v Markovski [2009] NSWADT 92

DIVISION: Legal Services Division

APPLICANT Law Society of New South Wales PARTIES: RESPONDENT Norma Markovski

FILE NUMBER: 082027

HEARING DATES: 6 March 2009

SUBMISSIONS CLOSED: 6 March 2009

DATE OF DECISION: 4 May 2009

BEFORE: Molloy G - Judicial Member; Currie J - Judicial Member; Tingle J - Non-Judicial Member

CATCHWORDS: Solicitor – Disciplinary application

CASES CITED: Law Society of NSW v Paling [2008] NSWADT 344

APPLICANT P Boyd, solicitor REPRESENTATION: RESPONDENT B Levet, barrister

1.The Solicitor is reprimanded 2.The Solicitor shall, within 8 months of being granted a Practising Certificate, ["the specified period"] undertake and pass [with a mark of not less than 50%] a course in ethics as approved by the Manager of the Professional Standards Department of the Law Society of New South Wales ["the Manager"] and as then conducted by the College of Law. In the absence of a suitable course being conducted by the College of Law, the Manager shall nominate a similar course to be undertaken. Such course must be undertaken personally 3.Should the solicitor fail to comply with Order 2 within the specified period, any Practising Certificate then issued to the solicitor shall be cancelled forthwith upon the expiration of the specified period, and no further Practising Certificate may be issued until such time as the said course has been completed and passed ORDERS: 4.For a period of five (5) years from the date of this Order and during which the Solicitor again holds a Practising Certificate ["the period"], a Practising Certificate be issued to the Solicitor which shall be endorsed with the following conditions: a)The Solicitor's right to practice is restricted to that of an employee of a Solicitor holding an Unconditional Practising Certificate b)The Solicitor is not to have access to or be signatory to or operate any account conducted by her employer or client of her employer with any financial institution c)The Solicitor is to bring to the attention of her then employer the Tribunal's Determination in these proceedings and permit the Manager, in his discretion, to confirm with the Solicitor's then employer that he or she is fully conversant with such Determination.