Law Society of New South Wales v Bowler [2009] NSWADT 83

CITATION: Law Society of New South Wales v Bowler [2009] NSWADT 83

DIVISION: Legal Services Division

APPLICANT The Council of the Law Society of New South Wales PARTIES: RESPONDENT Katherine Kirkpatrick Bowler ( aka Kate Bowler)

FILE NUMBER: 082023

HEARING DATES: 27 March 2009

SUBMISSIONS CLOSED: 27 March 2009

DATE OF DECISION: 17 April 2009

BEFORE: Riordan M - Judicial Member; Bishop C - Judicial Member; Bubniuk L - Non-Judicial Member

CATCHWORDS: Professional Misconduct – misappropriation – Prohibition on employment as a lay associate – costs.

LEGISLATION CITED : Legal Profession Act 2004 Conveyancers Licensing Act 2003

Law Society of New South Wales v Bonham [2008] NSWADT 55 Law Society of New South Wales v Bannister (1993) 4 LPDR 24 at 28 CASES CITED: The Law Society of New South Wales v Jones (unreported, 27 July 1978, CA NSW) Incorporated Law Institute of New South Wales v Meagher (1909) 9 CLR 655 at 681 Briginshaw v Briginshaw (1938) 60 CLR 336 at 361-362.

APPLICANT A Matalani, solicitor REPRESENTATION: RESPONDENT no appearance

ORDERS: 1. That pursuant to Section 18(2) of the Legal Profession Act 2004 ("the Act"), any law practice is prohibited from employing or paying the Respondent in connection with the legal practice engaged in by the law practice, without approval from the Law Society pursuant to Section 17 of the Act 2.That pursuant to Section 20(3) of the Act, the Respondent is to pay the Law Society's costs of these proceedings, as agreed or assessed.