Council of the Law Society of NSW v Nguyen [2010] NSWADT 128

CITATION: Council of the Law Society of NSW v Nguyen [2010] NSWADT 128

DIVISION: Legal Services Division

APPLICANT The Council of the Law Society of New South Wales PARTIES: RESPONDENT Michelle My Nguyen

FILE NUMBER: 092040

HEARING DATES: 19 May 2010

SUBMISSIONS CLOSED: 19 May 2010

DATE OF DECISION: 28 May 2010

BEFORE: Haylen W - J (Deputy President); Barnes M - Judicial Member; Bennett C - Non-Judicial Member

CATCHWORDS: Solicitor - unsatisfactory professional conduct - failure to disclose previous disciplinary proceedings in Application for renewal of Practising Certificate - Instrument of Consent under s 564 of the Legal Profession Act 2004 - carelessness in completing declaration - no intention to deceive or obtain improper personal gain - reprimand - costs

LEGISLATION CITED : Legal Profession Act 2004,

APPLICANT L Pierotti, solicitor REPRESENTATION: L Muston, solicitor Legal Services Commissioner

RESPONDENT In person

ORDERS: 1.The respondent practitioner be reprimanded 2.The respondent practitioner shall pay the costs of the applicant in the sum of $1500.

REASONS FOR DECISION

1 Ms Michelle My Nguyen was admitted to practise as a solicitor in New South Wales in October 1999 and at all relevant times was the principal of the practice My.T.Nguyen, Solicitors at Cabramatta. The primary areas of practice of the firm were conveyancing and immigration law.

2 In December 2009, the Council of the Law Society of New South Wales ("the Council") commenced disciplinary proceedings in the Tribunal pursuant to the provisions of s 551 of the Legal Profession Act 2004 claiming that Ms Nguyen was guilty of unsatisfactory professional conduct in that she had made a false declaration in applications for renewal of a Practising Certificate. Similar proceedings were commenced against Ms Tran, a solicitor employed by the practice, and that matter is the subject of a separate decision by the Tribunal. Both matters were heard together.