Council of the Law Society of NSW v Autore [2012] NSWADT 139

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Autore [2012] NSWADT 139 Hearing dates: 24 May 2012 Decision date: 19 July 2012 Jurisdiction: Legal Services Division Before: M Chesterman, Deputy President J Currie, Judicial Member E Hayes, Non-judicial Member Decision: 1. The Respondent is guilty of professional misconduct as alleged in Ground 1 of the Application. 2. The Respondent is reprimanded. 3. The Respondent is to pay a fine of $3,000. 4. (a) The Respondent is to attend upon Dr Gordon Davies or such other psychiatrist as either Dr Davies or Dr John Lenehan may recommend ('the Therapist') and comply with such treatment regime as the Therapist may recommend. (b) At intervals of three months the Respondent is to provide to the Applicant evidence in writing that he is complying with the order in paragraph (a). Such evidence may be by way of a letter from the Therapist. (c) The treatment is to continue for such time as may be recommended by the Therapist. 5. The Respondent is to pay the Applicant's costs of and incidental to these proceedings as agreed or assessed. Catchwords: Disciplinary proceedings - solicitor - failure to comply with statutory notices requiring information and documents - failure to assist investigation Legislation Cited: Legal Profession Act 1987 Legal Profession Act 2004 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 Carbone [2011] NSWADT 32 Council of the Law Society of New South Wales v Tsalidis (No 2) [2010] NSWADT 297 Re Hodgekiss (1962) 62 SR (NSW) 340 Law Society of New South Wales v Hammond [2006] NSWADT 23 Law Society of New South Wales v Knudsen [2006] NSWADT 49 Law Society of New South Wales v Shalovsky [2008] NSWADT 14 Legal Services Commissioner v Browne [2004] NSWADT 63 Myers v Elman [1940] AC 282 New South Wales Bar Association v Hamman [1999] NSWCA 404 New South Wales Bar Association v Howen [2008] NSWADT 148 Prothonotary of the Supreme Court of New South Wales v Costello [1984] 3 NSWLR 201 Veghelyi v Council of the Law Society of New South Wales, unreported, Supreme Court of New South Wales, Smart J, 6 September 1989 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Anthony Autore (Respondent) Representation: Counsel D Durston (Respondent) Council of the Law Society of NSW (Applicant) Autore & Associates (Respondent) File Number(s): 112017