Council of the Law Society of NSW v Treanor [2009] NSWADT 115

CITATION: Council of the Law Society of NSW v Treanor [2009] NSWADT 115

DIVISION: Legal Services Division

APPLICANT Council of the Law Society of NSW PARTIES: REPSONDENT Laurence John Treanor

FILE NUMBER: 092001

HEARING DATES: 27 April 2009

SUBMISSIONS CLOSED: 27 April 2009

DATE OF DECISION: 20 May 2009

BEFORE: Haylen W - J (Deputy President); Barnes M - Judicial Member; Bennett C - Non-Judicial Member

CATCHWORDS: Legal Profession Act 2004 - s 660 - failure of practitioner to comply with terms of notices issued pursuant to s 660 - no appearance before Tribunal by practitioner - evidence establishes failure to comply with notices - no reasonable excuse evident - failure to comply with notices constitutes professional misconduct - previous record of non-compliance with notices issued by an investigator - fine imposed - practitioner not to be issued with a practising certificate until compliance with notices - costs

LEGISLATION CITED : Legal Profession Act 2004

Allinson v General Counsel of Medical Education and Registration (1894) 1 QB 750 Laurence John Treanor (1998) NSWLST 7 CASES CITED: Law Society of New South Wales v Knudsen (No 2) [2006] NSWADT 245 Law Society of New South Wales v Knudsen [2006] NSWADT 49 Law Society of New South Wales v Treanor (2005) NSWADT 285

APPLICANT L Pierotti, Solicitor REPRESENTATION: RESPONDENT No appearance

(a)Laurence John Treanor is found guilty of professional misconduct in relation to his failure to comply with notices issued under s 660 of the Legal Profession Act 2004 ORDERS: (b)Laurence John Treanor shall not be issued with a practising certificate until such time as there is compliance with the s 660 notices particularised in Matter ADT No 092001 (c)Laurence John Treanor is fined the sum of $6.000 to be paid within a period of sixty (60) days from the date of this Decision (d)Laurence John Treanor is to pay the costs of the applicant in the sum of $2,000.00.