Legal Services Commissioner v Roulstone [2011] NSWADT 269

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Legal Services Commissioner v Roulstone [2011] NSWADT 269 Hearing dates: 1 August 2011 Decision date: 01 August 2011 Jurisdiction: Legal Services Division Before: G Mullane - Judicial Member S Hale - Judicial Member C Bennett - Non-judicial Member Decision: 1. The Applicant Legal Services Commissioner is granted leave to withdraw his application; 2. By consent the application is withdrawn and dismissed. Catchwords: Legal profession- discipline proceedings - withdrawal Legislation Cited: Legal Profession Act 2004 Cases Cited: - Category: Principal judgment Parties: Legal Services Commissioner (Applicant) Scott Roulstone (Respondent) Representation: Counsel C Webster (Applicant) Verekers Lawyers (Respondent) File Number(s): 092012

REASONS FOR DECISION

INTRODUCTION 1The applicant commenced these disciplinary proceedings against the respondent under Section 551 of the Legal Practitioners Act 2004 and at the hearing before us sought to withdraw them. 2Section 568 of the Legal Practitioners Act 2004 provides: Early termination of proceedings before Tribunal (1) Proceedings before the Tribunal with respect to a complaint cannot be terminated, whether by withdrawal of the disciplinary application or otherwise, before the Tribunal makes its final decision about the complaint, without the leave of the Tribunal . (2) The Tribunal may give leave for the purposes of this section if it is satisfied that continuation of the proceedings is not warranted in the public interest.