Council of the Law Society of NSW v Pizzinga [2012] NSWADT 211

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Pizzinga [2012] NSWADT 211 Hearing dates: 9 July 2012 Decision date: 16 October 2012 Jurisdiction: Legal Services Division Before: M Chesterman, Deputy President J Currie, Judicial Member R Fitzgerald, Non-Judicial Member Decision: 1. The Respondent is guilty of professional misconduct and of unsatisfactory professional conduct as detailed in these reasons. 2. The name of the Respondent is to be removed from the Roll of local lawyers. 3. The Respondent is to pay the costs of the Applicant as agreed or assessed. Catchwords: Solicitor - disciplinary application - misappropriation - provision of misleading documents - misleading investigator -breach of trust account requirements - delay - failure to disclose costs - whether removal from Roll warranted Legislation Cited: Administrative Decisions Tribunal Act 1997 Legal Profession Act 2004 Legal Profession Regulation 2005 Cases Cited: Allinson v General Council of Medical Education and Registration [1894] 1 QB 750 Brereton v Legal Services Commissioner [2010] VSC 378 Council of the Law Society of New South Wales v Clapin [2011] NSWADT 83 Council of the Law Society of NSW v Doherty [2010] NSWCA 177 Council of the Law Society of New South Wales v Simpson [2011] NSWADT 242 Dawson v Law Society of New South Wales, Unreported, Court of Appeal, 21 December 1989 Dupal v Law Society of New South Wales, Unreported, Court of Appeal, 26 April 1990 Law Society of New South Wales v Jones, Unreported, Court of Appeal, 29 July 1978 Law Society of New South Wales v Moulton [1981] 2 NSWLR 736 Peters v R (1998) 192 CLR 493 Prothonotary of the Supreme Court of New South Wales v Liverani [2012] NSWCA 325 A Solicitor v Council of the Law Society of New South Wales (2204) 216 CLR 253; [2004] HCA 1 Stanoevski v The Council of the Law Society of NSW [2008] NSWCA 93 Ex parte Tziniolis; Re The Medical Practitioners Act (1966) 67 SR (NSW) 448 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Vincent John Pizzinga (Respondent) Representation: Counsel C Birch SC (Respondent) C Groenewegen (Applicant) Cradock Murray Neumann (Respondent) File Number(s): 112022