Council of the Law Society of New South Wales v Gray [2011] NSWADT 139

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Gray [2011] NSWADT 139 Hearing dates: 13 May 2011 Decision date: 13 May 2011 Jurisdiction: Legal Services Division Before: M Riordan - Judicial Member D Fairlie - Judicial Member R Fitzgerald - Non Judicial Member Decision: 1. The Respondent is guilty of professional misconduct. 2. The Respondent's name be removed form the Local Roll in accordance with Section 562(2)(a) of the LPA 2004. 3. The Respondent is to pay the Applicant's costs of and incidental to these proceedings, as agreed or assessed. Catchwords: Disciplinary Application - solicitor - no appearance by Solicitor - misappropriation - wilful breach of s61 LPA 1987 - wilful breach of s255 of LPA 2004 - failure to account - failure to disclose costs pursuant to s175 LPA 1987 & s177 LPA 1987 & S309 LPA 2004 - falsifying trust ledger - misleading conduct - falsifying distribution statement - breach of s254 LPA 2004 - Causing deficiency in trust account Legislation Cited: Administrative Decisions Tribunal Act 1997 Administrative Decisions Tribunal Rules 1998 Legal Profession Act 1987 Legal Profession Act 2004 Cases Cited: Allinson v General Council of Medical Education and Registration [1894] 1 KB 750 Kennedy v Council of the Incorporated Law Institute of New South Wales, (Unreported; noted in (1939) 13 ALJ 563) Council of the Law Society of New South Wales v O'Donnell [2010] NSWADT 130 Law Society of New South Wales v Shenker [1999] NSWADT 37 Law Society of New South Wales v Bannister (1983) 4 LPDR 24 Law Society of New South Wales v Walsh (unreported, December 1997) Harvey v The Law Society of New South Wales (1975) 49 ALJR 362 at 364 Ex Parte Macaulay (1930) 30 SR NSW 193 Ziems v The Prothonotary of the Supreme Court of New South Wales (1957) 97 CLR 279 Dupal v Law Society of New South Wales (Unreported, 26 April 1990) Category: Principal judgment Parties: Applicant - Council of the Law Society of New South Wales Respondent - Roger Winchester Gray Representation: Mr A Matalani - Applicant No Appearance - Respondent Ms L Muston - Office of the Legal Services Commissioner File Number(s): 102019