Council of the Law Society of NSW v Hancock [2010] NSWADT 121

CITATION: Council of the Law Society of NSW v Hancock [2010] NSWADT 121 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 John Leslie Hancock

FILE NUMBER: 062028

HEARING DATES: 17 April 2007,14 May 2007,20 August 2007,15 July 2008 - Respondent's application to re-open,9 April 2009

SUBMISSIONS CLOSED: 9 April 2009

DATE OF DECISION: 25 May 2010

BEFORE: Karpin A - ADCJ (Deputy President); Brennan J - Judicial Member; Costigan M - Non-Judicial Member

CATCHWORDS: Disciplinary - solicitor

LEGISLATION CITED : Legal Profession Act 1987

CASES CITED: Briginshaw v. Briginshaw (1938) 60 CLR 336NSW Bar Association v. Howen (No 2) [2003]NSWADT 235

APPLICANT P Boyd, solicitor Mr R Stitt QC on Application to re-open & plea REPRESENTATION: RESPONDENT Mr Jacobs, barrister Mr Allen on application to re-open & plea

1.The respondent is guilty of professional misconduct. ORDERS: 2.The respondent is publicly reprimanded. 3.The respondent is fined the sum of $5,000 4.The respondent is to pay the costs of the applicant Law Society.

REASONS FOR DECISION

1 On 26 October 2006, The Council of the Law Society of New South Wales ["the applicant"] filed an application pursuant to section 551 of the Legal Profession Act 2004 ["LPA 2004"]alleging that John Leslie Hancock ["the respondent"] was guilty of professional misconduct on the grounds that: i. The solicitor had, without reasonable excuse, failed to comply with a Notice pursuant to Section 152 of the Legal Profession Act 1987 [LPA 1987].