Legal Services Commissioner v Tsalidis [2012] NSWADT 160

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Legal Services Commissioner v Tsalidis [2012] NSWADT 160 Hearing dates: 7 June 2012 Decision date: 08 August 2012 Jurisdiction: Legal Services Division Before: M Chesterman, Deputy President M Riordan, Judicial Member C Bennett, Non-judicial Member Decision: 1. The Respondent is guilty of professional misconduct under Ground 1. 2. The claim of professional misconduct under Ground 2 is dismissed. 3. A further hearing on the question of consequential orders is to take place in conjunction with a hearing, on a date to be fixed, relating to two disciplinary applications (files 112028 and 122013) that the Council of the Law Society of New South Wales has instituted in the Tribunal against the Respondent. Catchwords: Solicitor - disciplinary proceedings - failure to comply with statutory notice requiring information and documents - whether notice served for purpose of 'complaint investigation' Legislation Cited: Legal Profession Act 1987 Legal Profession Act 2004 Legal Profession Rules 2005 Cases Cited: Gridiger v Council of the Law Society of NSW [1999] NSWSC 904 Law Society of New South Wales v Konstantinidis [1999] NSWADT 109 Law Society of New South Wales v McGrath [2000] NSWADT 45 Category: Principal judgment Parties: Legal Services Commissioner (Applicant) Charles Kiriakos Tsalidis (Respondent) Representation: Counsel P Kintominas (Respondent) A Matalani (Applicant) File Number(s): 112024