Council of the Law Society of New South Wales v Sheehan [2010] NSWADT 83

CITATION: Council of the Law Society of New South Wales v Sheehan [2010] NSWADT 83

DIVISION: Legal Services Division

APPLICANT Council of the Law Society of New South Wales PARTIES: RESPONDENT Marshall Sheehan

FILE NUMBER: 092007

HEARING DATES: 24 February 2010

SUBMISSIONS CLOSED: 3 March 2010

DATE OF DECISION: 6 April 2010

BEFORE: Chesterman M - Deputy President; Mullane G - Judicial Member; Hayes E - Non-Judicial Member

CATCHWORDS: Professional misconduct – solicitor – failure to comply with notice by investigator

Acts Interpretation Act 1901 (Cth) LEGISLATION CITED : Administrative Decision Tribunal Rules 1998 Interpretation Act 1987 Legal Profession Act 1987Legal Profession Act 2004

APPLICANT: C A Webster, barrister REPRESENTATION: RESPONDENT: In person, by telephone

ORDERS: 1. The Respondent is guilty of professional misconduct. 2. The following directions are made:-(a) The Applicant must file and serve on the Respondent by 21 April 2010 any written submissions in support of the orders sought. (b) The Respondent must file and serve by 12 May 2010 any written submissions in response.(c) The Applicant must file and serve any submissions in reply by 19 May 2010.(d) Unless the Tribunal is persuaded that a further hearing is required, it will decide the remaining questions 'on the papers', pursuant to section 76 of the Administrative Decisions Tribunal Act 1997

REASONS FOR DECISION

The Application

1 This was a hearing of the application of the Law Society under section 551 of the Legal Profession Act 2004 (also referred to in these reasons as 'the Act') seeking a finding that the practitioner solicitor, Mr Sheehan, is guilty of professional misconduct and orders as follows: 1.1 The Tribunal recommends to the Law Institute of Victoria that the practising Certificate of Marshall Sheehan be suspended until he complies with the Section 660 Notice;