The Council of the Law Society of New South Wales v Hussein [2010] NSWADT 182

CITATION: The Council of the Law Society of New South Wales v Hussein [2010] NSWADT 182

DIVISION: Legal Services Division

APPLICANT The Council of the Law Society of New South Wales PARTIES: REPSONDENT Erdem Hussein

FILE NUMBER: 082017

HEARING DATES: 3 and 4 December 2009

SUBMISSIONS CLOSED: 28 April 2010

DATE OF DECISION: 27 July 2010

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

CATCHWORDS: Solicitor – professional misconduct –unsatisfactory professional conduct- breaches of Legal Profession Act, 1987, sections 61 and 62

LEGISLATION CITED : Legal Profession Act, 1987, Legal Profession Act, 2004, Legal Profession Regulations 1994

CASES CITED: In re Hodgekiss [1962] SR (NSW) 340; Re Miles; Ex Parte Law Society of New South Wales [1966] 84 WN (Pt 1) (NSW) 154; Re Mayes and The Legal Practitioners Act (1974) 1 NSWLR 19; Law Society of New South Wales v Hill [2002] NSWADT 190 at [45]; Law Society of New South Wales v Lukas [2004] NSWADT 231 at [19]; Council of the Law Society of New South Wales v Halligan [2009] NSWADT 317; Briginshaw v. Briginshaw (1938) 60 CLR 336

APPLICANT P. Boyd, Solicitor REPRESENTATION: RESPONDENT T. Williams, Solicitor

1.The Respondent is guilty of professional misconduct 2.The Respondent is guilty of unsatisfactory professional conduct ORDERS: 3.The Respondent is publicly reprimanded 4.The Respondent is fined the sum of $1,000.00 5.The Respondent is to pay one half of the costs of the Law Society as agreed or assessed within 6 months of such costs being agreed or assessed