Law Society of NSW v Ling [2010] NSWADT 48

CITATION: Law Society of NSW v Ling [2010] NSWADT 48

DIVISION: Legal Services Division

APPLICANT Council of the Law Society of New South Wales PARTIES: RESPONDENT Paul Adrian Mee Ling

FILE NUMBER: 092004

HEARING DATES: 11 November 2009

SUBMISSIONS CLOSED: 11 November 2009

DATE OF DECISION: 16 February 2010

BEFORE: Riordan M - Judicial Member; Hale S - Judicial Member; Bennett C - Non-Judicial Member

CATCHWORDS: Solicitor – disciplinary application – professional misconduct

LEGISLATION CITED : Legal Profession Act 2004

Allinson v General Council of Medical Education and Registration (1894) 1 QB 750 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 CASES CITED: In re Hodgekiss [1962] SR (NSW) 340 Kennedy v The Council of the Incorporated Law Institute of NSW 1940 13 ALJ 563 Law Society of New South Wales v Hinde [2005] NSWADT 199

APPLICANT L Pierotti, solicitor REPRESENTATION: RESPONDENT R Englebrecht, solicitor

The Tribunal orders: 1.That Paul Adrian Mee Ling be publicly reprimanded 2.That for the period from the date of this decision up to and including 30 June 2010: (a)The Solicitor continue to meet his obligations to the Australian Taxation Office and his staff with respect to the payment by him of any moneys due and payable to any or all of them; (b)The Solicitor continue to meet his obligations with respect to the lodgement by him (within the requisite statutory period) of any tax returns to be lodged by him with the Australian Taxation Office; (c)The solicitor shall continuously retain an independent expert acceptable to the Council of the Law Society: i.Such expert shall supervise the Solicitor's financial affairs and in particular his reporting and payment obligations to the Australian Taxation Office and payment of all entitlements due to staff; and ORDERS: ii.Such expert shall provide to the Council of the Law Society a quarterly report indicating that the Solicitor has complied with his reporting and payment obligations to the Australian Taxation office and to his staff. Such reports are to be received by the Council of the Law Society no later than 21 days after the end of each quarter. The first such report that is the subject of this order shall be due for the 30 January 2010 and is to be received by the Council of the Law Society by 21 February 2010, 21 April 2010 and 21 July 2010 3.That Paul Adrian Mee Ling 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 Practice Management that is approved by the Society, such course to either commence prior to 31 March 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 1 August 2010. b)That he will undertake a course in Ethics that is approved by the Society that commences either prior to 31 March 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 1 August 2010. c)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 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. 4.In the event of, and upon any default in the satisfaction of any of the undertakings required by Order 3 above) Paul Adrian Mee Ling's Practising Certificate shall be suspended forthwith and shall remain so for the duration of the default. 5.Paul Adrian Mee Ling shall be fined $2,500. 6.Paul Adrian Mee Ling shall pay the Society's costs of and incidental to these proceedings, as agreed or assessed.