Council of the Law Society of New South Wales v Xenos [2012] NSWADT 283

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Xenos [2012] NSWADT 283 Hearing dates: 17 December 2012 Decision date: 17 December 2012 Jurisdiction: Legal Services Division Before: M Chesterman, Deputy President N Isenberg, Judicial Member C Bennett, Non-judicial Member Decision: 1. John Alexander Xenos (the Solicitor) is guilty of professional misconduct and unsatisfactory professional conduct as alleged in the Application. 2. The Solicitor is reprimanded. 3. Within 12 months from the date of first issue to the Solicitor of a fresh Practising Certificate after the making of these orders, the Solicitor is to complete and pass a course in trust accounting as approved by the Applicant Society. 4. Should the Solicitor fail to complete and or pass the course referred to in paragraph 3 within the time stipulated, his Practising Certificate shall be suspended until such course has been completed and passed and no further Practising Certificate is to be issued to the Solicitor until such has occurred. 5. For a period of five years during which the Solicitor next continuously holds a Practising Certificate after the making of these orders, such certificate is to entitle the Solicitor to practice only as a non-principal, that is, to engage in legal practice as a solicitor in the course of employment by a law practice (or government or a prescribing corporation). 6. The Solicitor, within a period of 18 months from when he next holds a Practising Certificate after the making of these orders, shall pay the following amounts: a) the amount of $12,895 to Mr Todd of Counsel; and b) the amount of $2,500 plus GST to Mr Strati. 7. Should the Solicitor fail to pay the amounts set out in paragraph 6 within the time stipulated, the Solicitor's Practising Certificate shall be suspended until such payments have been made and no further Practising Certificate is to be issued to the Solicitor until such payments have been made. 8. The Solicitor is to pay the Applicant's costs of and incidental to the Application. Catchwords: Solicitor - disciplinary application - breaches of trust account requirements - misappropriation - withdrawal of funds to pay costs without due authorisation - failure to pay fees for external examination Legislation Cited: Legal Profession Act 2004 Legal Profession Regulation 2005 Cases Cited: Council of the Law Society of New South Wales v Clapin [2011] NSWADT 83 Council of the Law Society of NSW v Nicholls [2012] NSWADT 22 Law Society of New South Wales v Davidson [2007] NSWADT 264 Law Society of New South Wales v McCarthy [2003] NSWADT 198 Re Robb & Anor (1996) 134 FLR 294 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) John Alexander Xenos (Respondent) Representation: Counsel C Webster SC (Applicant) J Kay-Hoyle (Respondent) Council of the Law Society of New South Wales (Applicant) Clayton Utz Lawyers (Respondent) File Number(s): 122026