The Council of the Law Society of New South Wales v Lundy [2013] NSWADT 105

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: The Council of the Law Society of New South Wales v Lundy [2013] NSWADT 105 Hearing dates: 20 February 2013 Decision date: 14 May 2013 Before: S Hale, Judicial Member J Wakefield, Judicial Member E Hayes, Non-judicial Member Decision: 1. The Solicitor be publicly reprimanded. 2. The Solicitor be fined in the sum of $3,000. 3. The Solicitor not be issued with a practising certificate in New South Wales until such time as he: (a) has satisfied The Manager, Professional Standards Department by statutory declaration as to reasons why he is unable to comply with notices personally served on him under Section 659 of the Act; or (b) completes to a satisfactory standard suitable courses approved by the Law Society of New South Wales in: (i) trust accounting, (ii) Practice Management and (iii) Ethics. 4. The Solicitor pay the costs of the Society in the sum of $4,500 in monthly instalments of $200 for 22 months and the final instalment to be $100 to commence at the beginning of the calendar month after the Tribunal hands down its Orders. Catchwords: Solicitor - Professional misconduct - failing to comply with Clause 74(b) of the Legal Profession Regulation 2005 - failure to comply with Section 274(1) of the Legal Profession Act 2004 - failure to comply with Section 275(3) of the Legal Profession Act - making false declarations - failure to complete declarations relating to dealing with trust monies - failing to comply with Section 659 of the Legal Profession Act. Legislation Cited: Legal Profession Act 2004 Legal Profession Regulation 2005 Cases Cited: Allinson v General Counsel of Medical Education and Registration [1894] 1QB 750 Briginshaw v Briginshaw (1938) 60 CLR 368 Rejfek v McElroy (1965) 112 CLR 517 Stanoevski v Council of the Law Society of New South Wales [2008] NSWCA 93 Texts Cited: Riley, Solicitors Manual: Commentary (ed G Dal Pont: Butterworths, 2005 updated) Category: Principal judgment Parties: The Council of the Law Society of New South Wales (Applicant) John Lundy (Respondent) Representation: Ms C Groenewegen (Applicant) In person (Respondent) File Number(s): 122030