Law Society of NSW v Marando [2013] NSWADT 267

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Law Society of NSW v Marando [2013] NSWADT 267 Hearing dates: 13 May 2013 Decision date: 25 November 2013 Jurisdiction: Legal Services Division Before: J Currie, Judicial Member M. Riordan, Judicial Member E. Hayes, Non-Judicial Member Decision: The Respondent is guilty of professional misconduct as alleged in the Application. Catchwords: Disciplinary proceedings - solicitor - breach of section 255 Legal Profession Act - failure to hold trust money in a trust account exclusively for the person on whose behalf it is received and failure to disburse the trust money only in accordance with a direction given by the person - professional misconduct under section 496 Legal Profession Act - unsatisfactory professional conduct - purpose of the imposition of penalty orders including a fine. Legislation Cited: Legal Profession Act 2004; sections 255,496,497. Cases Cited: Council of the New South Wales Bar Association v Asuzu [2011] NSWADT 289 at [37-43]. Council of the Law Society of New South Wales v Webb [2012] NSWADT 114 Allinson v General Council of Medical Education and Registration [1894] 1 QB 750. Council of the Law Society of New South Wales v Autore [2012] NSWADT 139. Myers v Elman [1940] AC 282 at 288. Prothonotary of the Supreme Court of New South Wales v Costello [1984] 3 NSW LR 201 at 203. Re Hodgekiss (1962) 62 SR (NSW) 340 at 351. New South Wales Bar Association v Hamman [1999] NSWCA 404. Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Mark Paul Marando (Respondent) Representation: Counsel C Webster SC (Respondent) Law Society of NSW (Applicant) Redmond Hale Simpson (Respondent) File Number(s): 122031