Council of the Law Society of NSW v Sandroussi [2012] NSWADT 40

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Sandroussi [2012] NSWADT 40 Decision date: 12 March 2012 Jurisdiction: Legal Services Division Before: The Hon G Mullane, Judicial Member D Fairlie, Judicial Member C Bennett,Non-Judicial Member Decision: 1) The Respondent Solicitor is found guilty of professional misconduct and publicly reprimanded; 2)The Respondent Solicitor is fined $6,000 to be paid as to $2,000 on or before 1 September 2012; $2,000 on or before 1 March 2013; and $2,000 on or before 1 March 2014. 3)The Respondent Solicitor must pay the Law Society's costs of and incidental to the proceedings, as agreed or as assessed under the Legal Profession Act 2004. 4)Until 1 March 2017 the Law Society of NSW must not issue or renew any Practising Certificate of the Respondent unless: 4.1)he has complied with any requirements (whether by Legislation, Rules or a Condition of a Practising Certificate sought to be renewed) for him to undertake Continuing Legal Education; and 4.2) there is no amount payable but unpaid under order 2 or order 3. Catchwords: Solicitor - Disciplinary Proceedings - Non-compliance with Condition of Practising Certificate (MCLE) - Non-compliance with Undertakings to Law Society - Failure to Respond to correspondence from Law Society Legislation Cited: Legal Profession Act 2004 Legal Profession Regulation 2005 Revised Professional Conduct and Practice Rules 1995 The Mandatory Continuing Legal Education (Continuing Professional Development) (MCLE/CPD) Scheme Practising Certificate Rules Cases Cited: The Council of the Law Society of NSW v Panopoulos [2010] NSWADT 208 Legal Services Commissioner v McCarthy, (unreported) ADT 2 June 2008 NSW Bar Association v Howen [2008] NSWADT 148 at [59-62] Legal Services Commissioner v Piper [2006] NSWADT 12 Law Society of NSW v Hinde [2005] NSWADT 199 at [37-41] Category: Principal judgment Parties: The Council of the Law Society of NSW (Applicant) Antoine Sandroussi (Respondent) Representation: Council of the Law Society of NSW (Applicant) Legal Services Commissioner (Applicant) A Sandroussi (Respondent in person) File Number(s): 112016, 112025