Council of the Law Society of NSW v Ross [2013] NSWADT 106

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Ross [2013] NSWADT 106 Hearing dates: 4 March 2013 Decision date: 15 May 2013 Jurisdiction: Legal Services Division Before: Hon G Mullane, Judicial Member J Wakefield, Judicial Member S Hayes, Non-Judicial Member Decision: 1) The solicitor is reprimanded. 2) Prior to applying for any Practicing Certificate entitling the solicitor to hold an unrestricted Practising Certificate and/or to become a solicitor/director of any incorporated legal practice, the solicitor must: a) At his own expense undertake and successfully complete with a pass mark of not less than 50% a course approved by The Manager, Professional Standards Department, on Trust Accounting ["the Course"]; and b) Provide The Manager, Professional Standards Department, with the original result notification from the provider of the Course at the time the solicitor applies for the said Practising Certificate. 3) The Solicitor must pay a fine of $5,000.00. The Solicitor must pay the costs of the Law Society as agreed or assessed. Catchwords: Solicitor - Disciplinary proceedings - Trust Account - breaches of Act Misappropriation - Dishonesty Grounds not duplicitous Legislation Cited: Legal Profession Act 2004 Cases Cited: Law Society of NSW v Shalovsky [2008] NSW ADT 14 NSW Bar Association -v- Hawin [2008] NSWADT 148 Council of the Law Society of NSW v Autore [2012] NSW ADT139 Peters v R (1998) 192 CLR 493 Harle v Legal Practitioners Liability Committee (2004) 13 ANZ Insurance Cases - 61-605 Brereton v Legal Services Commissioner [2010] VSC 378 Legal Services Commissioner V Brereton[2011] VSCA 241 R v Lawrence [1977]1 VR 459 at 466 Daly v Sydney Stock Exchange Ltd(1986) 160 CLR 371 at 380 Legal Practitioners Board V Jones [2010] SASCFC 51 Law Society of NSW -v- Jones (29 July 1978) NSWCA (unreported) Dupal -v- Law Society of NSW (1990) NSWCA (unreported - delivered 26 April 1990) Law Society of NSW -v- Moltoun [1981] 2 NSWLR 736 The Council of the Law Society of NSW -v- Doherty [2010] NSWCA 177 Council of the Law Society of NSW -v- Pizzinga [2012] NSWADT 211 Category: Principal judgment Parties: Council of the Law Society of NSW (Applicant) Graeme John Ross (Respondent) Representation: Council of the Law Society of NSW (Applicant) T A Williams (Respondent) File Number(s): 122023