Council of the Law Society of NSW v Sheehan [2012] NSWADT 100

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Sheehan [2012] NSWADT 100 Hearing dates: 25 July 2011; 17 October 2011. Decision date: 24 May 2012 Jurisdiction: Legal Services Division Before: D Patten, Deputy President M Riordan, Judicial Member Professor R Fitzgerald, Non Judicial Member Decision: 1.The Respondent is guilty of professional misconduct on each of the 15 grounds alleged. 2.The Respondent's name is to be removed from the Roll of Local Lawyers. 3.The Respondent is to pay the Applicant's costs of and incidental to this Application, as agreed or assessed. Catchwords: Solicitor - Professional Misconduct - Failure to comply with Orders and Directions - Failure to file proper Reply - Failure to adduce any evidence in reply to Application - Whether Solicitor was given a reasonable opportunity to defend Application - Apprehended bias Legislation Cited: Legal Profession Act 1987 Legal Profession Act 2004 Cases Cited: Prothonotary of the Supreme Court of New South Wales v Nikolaidis [2010] NSWCA 73. Dupal v Law Society of New South Wales [1990] NSWCA 56. Law Society of New South Wales v Jones (Unreported - 24 July 1978). Allinson v General Council of HYPERLINK "http://www.lawlink.nsw.gov.au/adtjudgments/2010nswadt.nsf/00000000000000000000000000000000/a87e3053308b11ebca2576cb00032ca5?opendocument" \o "Powered by Text-Enhance" Medical Education and Registration (1894) 1 QB 750. Briginshaw v Briginshaw (1938) 60 CLR 336. In re Hodgekiss [1962] SR (NSW) 340. Director of Public Prosecutions v Ozacka - 68 NSWLR 325, at p 328. Sullivan v Department of Transport - (1978) 20 ALR 323. Re Veron; Ex parte Law Society of New South Wales (1966) 84 WN(NSW) (Pt 1) 136. Stewart v Strevens [1976] 2 NSWLR 321. Law Society of New South Wales v Jones (unreported - 29 July 1978). Law Society of New South Wales v Carvan (unreported - 14 May 1981 - BC8111397). Bolster v Law Society of New South Wales (unreported - 20 September 1982 BC8211696). Veghelyi v Law Society of New South Wales (Unreported - 8 February 1995 BC9505459). Law Society of New South Wales v Bannister (1983) 4 LPDR 24. Walter v Council of Queensland Law Society Inc (1988) 62 ALJR 153 at 157. Smith v New South Wales Bar Association (1992) 176 CLR 256 at 270). Law Society of New South Wales v Foreman (1994) 34 NSWLR 408 at 441-442. Council of the Law Society of New South Wales v Clapin (No 2) [2011] NSWADT 246. Category: Principal judgment Parties: Council of the Law Society of NSW (Applicant) Marshall Sheehan (Respondent) Representation: Counsel Ms C Webster (Applicant) Mr Taylor 25 & 26 July 2011 (Respondent) Law Society of NSW (Applicant) M Sheehan (Respondent in person) (17 October 2011) File Number(s): 102028