Council of the Law Society of New South Wales v Harrison (No 2) [2012] NSWADT 103

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Harrison (No 2) [2012] NSWADT 103 Hearing dates: 19 March 2012 Decision date: 29 May 2012 Jurisdiction: Legal Services Division Before: M Chesterman, Deputy President S Hale, Judicial Member J Tingle, Non-judicial Member Decision: 1. The Respondent is guilty of professional misconduct. 2. The name of the Respondent is to be removed from the Local Roll. 3. Within 21 days of the date of this decision, the Applicant is to file and serve any application regarding the costs of these proceedings that it wishes to make, with supporting submissions. Any submissions in reply by the Respondent must be filed and served within a further 21 days. The matter will then be determined 'on the papers', pursuant to section 76 of the Administrative Decisions Tribunal Act 1997. 4. The claim by the Complainants against the Respondent for compensation is set down for directions at 10 a.m. on 6 June 2012, unless before that date the Complainants advise the Registry that they do not wish to proceed with this claim. Catchwords: Solicitor - professional misconduct - misappropriation - failure to account - wilful breaches of provisions relating to trust accounts - unethical conduct - fitness to practise Legislation Cited: Administrative Decisions Tribunal Act 1997 Civil Liability Act 2002 Legal Profession Act 1987 Legal Profession Act 2004 Workplace Injury and Workers Compensation Act 1998 Cases Cited: Allinson v General Council of Medical Education and Registration [1894] 1 QB 750 Council of the Law Society of New South Wales v Harrison [2010] NSWADT 201 Law Society of New South Wales v Vaughan (No 2) [2011] NSWADT 260 New South Wales Bar Association v Hamman [1999] NSWCA 404 Prothonotary v P [2003] NSWCA 320 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Adrian Gregory Harrison (Respondent) Terence Baxter (First Complainant) Pamela Baxter (Second Complainant) Representation: Counsel C Webster (Applicant) I Lloyd QC (Respondent) R J Collins (Applicant) Pagano Burlovich Lawyers (Respondent) File Number(s): 082030