Council of the Law Society of NSW v Galloway [2012] NSWADT 176

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Galloway [2012] NSWADT 176 Hearing dates: 23 July 2012 Decision date: 23 July 2012 Jurisdiction: Legal Services Division Before: Deputy President D Patten J Currie - Judicial Member Professor R Fitzgerald - Non Judicial Member Decision: 1. The Solicitor be reprimanded. 2. The Solicitor be fined in the sum of $8,000.00 3. The Solicitor be prohibited from operating a Trust Account until he successfully undertakes, at his own expense, a course approved by the Law Society on Trust Accounting. 4. Subject to 3 above, upon the Solicitor commencing to operate a Trust Account, he shall on a quarterly basis and for a period of three years during which he first operates a Trust Account, at his own cost, have his Trust Account audited by a person approved by the Law Society. The person undertaking such audits is to provide a report on each audit to the Law Society within 21 days of each audit being performed. 5. By consent the Solicitor pay the Applicant's costs assessed at $5,000.00 Catchwords: Multiple Trust Account irregularities - no dishonest conduct - finding of Professional Misconduct Legislation Cited: Legal Profession Act Category: Principal judgment Parties: Council of the Law Society of NSW (Applicant) Brett William Galloway (Respondent) Representation: Council of the Law Society of NSW (Applicant) Horowitz & Bilinsky (Respondent) Legal Services Commissioner File Number(s): 122002