Legal Services Commissioner v Tsalidis, Council of the Law Society of NSW v Tsalidis [2013] NSWADT 101

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Legal Services Commissioner v Tsalidis, Council of the Law Society of NSW v Tsalidis [2013] NSWADT 101 Hearing dates: 1 March 2013 Decision date: 10 May 2013 Jurisdiction: Legal Services Division Before: M Chesterman, Deputy President M Riordan, Judicial Member C Bennett, Non-judicial Member Decision: 1. The Respondent is reprimanded. 2. (a) The Respondent is to pay a fine of $12,000. (b) This fine is to be paid over a period of two years, in monthly instalments of $500 commencing one month after the date of this decision, subject to the Law Society having authority to determine, on appropriate evidence being furnished as to the Solicitor's means, that payment may be made over a longer period. 3. The Respondent is not to be permitted to hold a Principal Practising Certificate or to become a Solicitor/Director of any Incorporated Legal Practice until the expiration of three years' cumulative practice as an employed Solicitor. 4. When the Respondent first applies to hold a Principal Practising Certificate or to become a Solicitor/Director of any Incorporated Legal Practice, after the period referred to in Order 3, any such application is to be accompanied by a report from a Psychiatrist or clinical Psychologist of the Respondent's choice and approved by the Manager for the time being of the Professional Standards Department, certifying the practitioner's medical and psychiatric fitness to practise in such capacity. 5. Any Practising Certificate issued to the Respondent, permitting him to practise during any period within five years of the date of this decision, is to be subject to the following conditions: (a) within seven days of receiving a written complaint from a client, he is to provide a copy of that complaint to the Legal Services Commissioner and the Law Society of New South Wales; and (b) in the event of a response to any complaint against him being sought by the Legal Services Commissioner or the Law Society of New South Wales, he will, within two weeks, seek the advice and assistance of a member of the Senior Solicitors' Scheme, or its equivalent at the time, with respect to the complaint. 6. (a) The Respondent is to pay 70% of the costs of the Legal Services Commissioner. (b) The Respondent is to pay the costs of the Council of the Law Society. (c) The amounts payable under these costs orders are to be paid in ten equal monthly instalments, the first of which will in each case be payable one month after the amount to be paid has been determined by agreement or assessment under the Act. 7. In case any difficulty arises in the implementation of Order 5, each party has liberty to apply on seven days' notice to the others. Catchwords: Solicitor - disciplinary proceedings - failures to comply with statutory notices requiring information and documents - other instances of professional misconduct and unsatisfactory professional conduct - orders to be made - costs Legislation Cited: Legal Profession Act 1987 Legal Profession Act 2004 Cases Cited: Council of the Law Society of NSW v Treanor [2005] NSWADT 285 Council of the Law Society of NSW v Treanor [2009] NSWADT 115 Council of the Law Society of New South Wales v Tsalidis (No 2) [2010] NSWADT 297 Council of the Law Society of New South Wales v Tsalidis (No 3) [2012] NSWADT 229 Council of the Law Society of New South Wales v Tsalidis (No 4) [2012] NSWADT 230 Council of the Law Society of New South Wales v Tsalidis (No 5) [2012] NSWADT 231 Council of the Law Society of New South Wales v Webb (No 2) [2012] NSWADT 233 Council of the Law Society of NSW v Sandroussi [2012] NSWADT 40 Council of the New South Wales Bar Association v Fitzgibbon (No 3) [2012] NSWADT 148 Law Society of New South Wales v Berry [2005] NSWADT 46 Legal Services Commissioner v Angelovski [2013] NSWADT 93 Legal Services Commissioner v McCarthy [2010] NSWADT 269 Legal Services Commissioner v Sandroussi [2013] NSWADT 37 Legal Services Commissioner v Tsalidis [2012] NSWADT 160 New South Wales Bar Association v Howen (No 2) [2003] NSWADT 235 Lawrence John Treanor (1998) NSWLST 7 Prothonotary of the Supreme Court of NSW v P [2003] NSWCA 320 Veghelyi v Council of the Law Society of New South Wales, Unreported, Supreme Court, 6 September 1989, Smart J Xu v Council of the Law Society of New South Wales [2009] NSWCA 43 Category: Consequential orders Parties: Legal Services Commissioner (Applicant - matter 112024) Council of the Law Society of New South Wales (Applicant - matters 112028, 122013, 122016) Charles Kiriakos Tsalidis (Respondent) Representation: Counsel C Webster SC (Council of the Law Society of New South Wales) P Kintomanis (Respondent) A Matalani (Legal Services Commissioner) A-M Foord (Council of the Law Society of New South Wales) File Number(s): 112024, 112028, 122013, 122016