Law Society of NSW v Young [2010] NSWADT 264

CITATION: Law Society of NSW v Young [2010] NSWADT 264

DIVISION: Legal Services Division

APPLICANT Council of the Law Society of NSW

PARTIES: RESPONDENT Pamela Young

Legal Services Commissioner

FILE NUMBER: 102008

HEARING DATES: 5 October 2010

EXTEMPORE DECISION DATE: 5 October 2010 BEFORE: Patten D - Deputy President; Fairlie D - Judicial Member; Bubniuk L - Non-Judicial Member

CATCHWORDS: Solicitor-disciplinary application-Assisting in encumbering a title without there being a caveatable interest.-Knowingly making a false Statutory Declaration.

LEGISLATION CITED : Legal Profession Act 2004

CASES CITED: Council of the New South Wales Bar Association v Butland [2009]NSWADT 177

APPLICANT L Pierotti, solicitor

REPRESENTATION: FIRST RESPONDENT In person

SECOND RESPONDENT L Muston, solicitor

1.The First Respondent is guilty of professional misconduct ORDERS: 2.The First Respondent is reprimanded 3.The First Respondent is to pay the costs of the Applicant agreed at $3,000, such costs to be paid by monthly instalments of $100.

REASONS FOR DECISION

Introduction

1 On 5 October 2010, the Tribunal heard this matter. At the conclusion of the hearing, the Tribunal made the orders set out in the final paragraph of these Reasons for Decision. The Tribunal indicated that they would publish their reasons at a later date. These are those reasons. 2 On 14 May 2010, the Council of the Law Society of NSW ("the Law Society") filed an application alleging that the Respondent, Pamela Young ("the Solicitor"), was guilty of professional misconduct on two grounds. These were: