Council of the Law Society of NSW v Simpson [2011] NSWADT 242

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Simpson [2011] NSWADT 242 Hearing dates: 19 July 2011 Decision date: 20 October 2011 Jurisdiction: Legal Services Division Before: M Chesterman, Deputy President M Riordan, Judicial Member C Bennett, Non-judicial Member Decision: 1. The Respondent is guilty of professional misconduct. 2. The Respondent is reprimanded. 3. The Respondent is to pay a fine of $8,000 within six months of the date of this decision. 4. The Respondent is to attend two refresher courses offered by LawCover when they are next available: namely, 'Practice Management Risk' and 'Financial Management and Risk'. 5. The Respondent is to pay the Applicant's costs of and incidental to this Application Catchwords: Solicitor - disciplinary application - failure to supervise employees - delay in paying disbursements - meaning of 'misappropriation' Legislation Cited: Administrative Decisions Tribunal Act 1997 Legal Practice Act 1996 (Vic) Legal Profession Act 1987 Legal Profession Act 2004 Cases Cited: Ex parte Clyne; Re Legal Practitioners Act (1969) 71 SR (NSW) 236 Council of the Law Society of New South Wales v Clapin [2011] NSWADT 83 Council of the Law Society of New South Wales v Doherty [2010] NSWADT 155 Council of the Law Society of New South Wales v Doherty [2010] NSWCA 177 Gett v Tabet [2009] NSWCA 76 Harle v Legal Practitioners Liability Committee (2004) 13 ANZ Insurance Cases 61-605 Law Society of New South Wales v Davidson [2007] NSWADT 264 Law Society of New South Wales v McCarthy [2003] NSWADT 188 Ex parte Munro; Re Legal Practitioners Act (1969) 71 SR (NSW) 448 Myers v Elman [1940] AC 282 Peters v R (1998) 192 CLR 493 Re Robb & Anor (1996) 134 FLR 294 Category: Principal judgment Parties: Council of the Law Society of NSW (Applicant) Peter Kaiser Simpson (Respondent) Representation: Counsel: C Webster (Applicant) C Adamson SC and J Sheller (Respondent) Council of the Law Society of NSW (Applicant) Greg Walsh & Co (Respondent) File Number(s): 102032