NSW Caselaw
CITATION: Council of the Law Society of NSW v Tran [2010] NSWADT 127
DIVISION: Legal Services Division
APPLICANT The Council of the Law Society of New South Wales PARTIES: RESPONDENT My Yen Thi Tran
FILE NUMBER: 092039
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 My Yen Thi Tran was admitted to practise as a solicitor in New South Wales in October 2001 and at all relevant times was employed by the practice My.T.Nguyen, Solicitors at Cabramatta. The primary areas of practice of the firm and of Ms Tran were conveyancing and immigration law. Ms Tran was registered as a migration agent. Ms Michelle My Nguyen was the principal of the firm.
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 Tran 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 Nguyen and that matter is the subject of a separate decision by the Tribunal. Both matters were heard together.
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