The Council of the Law Society of New South Wales v Green (No 2) [2009] NSWADT 297

CITATION: The Council of the Law Society of New South Wales v Green (No 2) [2009] NSWADT 297

DIVISION: Legal Services Division

APPLICANT The Council of the Law Society of New South Wales PARTIES: RESPONDENT Martin Geoffrey Green

FILE NUMBER: 072011

HEARING DATES: 4 June 2009

SUBMISSIONS CLOSED: 10 June 2009

DATE OF DECISION: 30 November 2009

BEFORE: ; Riordan M - Judicial Member; Fitzgerald R - Non-Judicial Member

CATCHWORDS: Disciplinary - Solicitor

LEGISLATION CITED : Legal Profession Act 2004

Briginshaw v. Briginshaw (1938) 60 CLR 336 Council of the Law Society of New South Wales v. Green [2008] NSWADT 149 CASES CITED: New South Wales Bar Association v. Cummins [2001] NSWCA 284 Johns v Law Society of NSW [1982] 2 NSWLR 1 Stanoevski v. The Council of the Law Society of New South Wales [2008] NSWCA 93 Application of Noel Norman Dennis to be Restored to the Roll of Solicitors and in the Matter of The Legal Practitioners' Act New South Wales Court of Appeal CA 367 of 1987

APPLICANT N Beaumont, barrister REPRESENTATION: RESPONDENT P Boulton SC, barrister

1. That upon the respondent making application for grant of a practising certificate in proper form, the applicant shall issue a practising certificate in the name of Martin Geoffrey Green ORDERS: 2. The certificate shall include the following conditions:(a) The respondent shall be entitled to practise as an employed solicitor for 3 years;(b) He shall be employed by Martin Churchill of Martin Churchill Lawyers, or such other practitioner as may from time to time be approved by the Council of The Law Society of New South Wales;(c ) For a period of 12 months from commencing practise, the respondent is to consult regularly with Dr Richard Barnard, or other nominated psychiatrist, such consultations to be not less than once per month. 3. The Tribunal makes no order as to costs of the penalty proceedings.