Council of the Law Society of NSW v Carbone (No 2) [2009] NSWADT 321

CITATION: Council of the Law Society of NSW v Carbone (No 2) [2009] NSWADT 321

DIVISION: Legal Services Division

Applicant: Council of the Law Society of New South Wales PARTIES: Respondent: Domenic Carbone

FILE NUMBER: 072024

HEARING DATES: 3 April 2009

SUBMISSIONS CLOSED: 3 April 2009

EXTEMPORE DECISION DATE: 3 April 2009 BEFORE: Brennan J - Judicial Member; Riordan M - Judicial Member; Tingle J - Non-Judicial Member

MATTER FOR DECISION: Penalty

LEGISLATION CITED : Legal Profession Act 1987 Legal Profession Act 2004

Law Society v Cass [2006] NSWADT 152; CASES CITED: Law Society v Shalovsky [2008] NSWADT 14; The Legal Services Commissioner v Tsolakis [2000] NSWADT 21

Applicant Representative: Mr Boyd REPRESENTATION: Respondent Representative: Mr Williams

1) The Tribunal reprimands the solicitor following the findings of professional misconduct and unsatisfactory professional conduct against him. ORDERS: 2) Being orders the solicitor to pay by 30 June 2009 a fine in the sum of $2000 and orders in default of such payment, the solicitor's practising certificate be suspended until he makes such payment. 3) The Tribunal orders the solicitor to pay the Law Society's costs in these proceedings agreed in the sum of $5000 includes GST, payable on or before 2 October 2009.4) The Tribunal directs the registry to provide the Legal Services Commissioner with sufficient information to enable the Commissioner to exercise his powers and functions in respect of the registry of disciplinary action required to be kept under part 4(10) of the Legal Profession Act 2004.