Council of the Law Society of New South Wales v Franks [2011] NSWADT 119

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Franks [2011] NSWADT 119 Hearing dates: 13 April 2011 Decision date: 26 May 2011 Jurisdiction: Legal Services Division Before: M Chesterman, Deputy President M Riordan, Judicial Member E Hayes, Non-judicial Member Decision: 1. The Respondent is guilty of professional misconduct. 2. The name of the Respondent is to be removed from the local roll. 3. The Respondent is to pay the Applicant's costs of and incidental to these proceedings. Catchwords: Disciplinary application - solicitor - no appearance by solicitor - forgery - misleading investigator Legislation Cited: Administrative Decisions Tribunal Act 1997 Administrative Decisions Tribunal Rules 1998 Legal Profession Act 2004 Cases Cited: Allinson v General Council of Medical Education and Registration [1894] 1 KB 750 Briginshaw v Briginshaw (1938) 60 CLR 336 Jones v Dunkel (1959) 101 CLR 298 Kennedy v Council of the Incorporated Law Institute of New South Wales, (Unreported; noted in (1939) 13 ALJ 563) NSW Bar Association v Meakes [2006] NSWCA 340 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Adam Franks (Respondent) Representation: A Matalani (Applicant) No appearance (Respondent) File Number(s): 102027