Council of the Law Society of NSW v Narayanasamy [2014] NSWCATOD 18

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Narayanasamy [2014] NSWCATOD 18 Hearing dates: 1 August, 2013 & 15 October, 2013 Decision date: 26 March 2014 Jurisdiction: Occupational Division Before: S Hale, Senior Member J Wakefield, Senior Member J Butlin, General Member Decision: 1 The Legal Practitioner is publicly reprimanded. 2. The Legal Practitioner pay the costs of the Law Society as agreed or as assessed Catchwords: Legal Practitioner - Disciplinary Application - professional misconduct - failure to pay third party debt Legislation Cited: Civil and Administrative Tribunal Act, 2013 Legal Profession Act, 2004 Cases Cited: Briginshaw v. Briginshaw (1938) 60 CLR 336 Allinson v General Council of Medical Education and Registration [1894] 1 QB 750 Law Society v. Xenos [2002] NSWADT Category: Principal judgment Parties: The Council of the Law Society of NSW (Applicant) Representation: Council of the Law Society of NSW) (Applicant) Jayram Narayanasamy (Respondent in Person) File Number(s): 122017

reasons for decision

Summary of complaint 1By Application for Original Decision the Applicant Law Society, brought proceedings against the Respondent solicitor asserting that he was guilty of professional misconduct in that he failed to pay a third party debt to Independent Property Reports (Aust) Pty Ltd ("IPR"). The Applicant Law Society asserts that the debt owing at the time the proceedings were heard was $3,211.08. 2At all relevant times the solicitor was the Principal of Jayram & Associates ("the law practice"). The Solicitor carried out legal practice in the name of the law practice. 3On 15 October 2010 the Solicitor also became the Principal of Victor Lawyers Proprietary Limited. 4The Law Society contends that the conduct of the Solicitor, as Principal of the law practice, in failing to pay to the third party, the debts which had been incurred by the Solicitor, constituted professional misconduct at common law. 5The matter was heard by the Administrative Decisions Tribunal on 1 August and 15 December, 2013. On 1 January 2014, the Administrative Decisions Tribunal was abolished and its jurisdiction was acquired by the New South Wales Civil and Administrative Tribunal. This matter is a "part heard proceeding" within the meaning of clause 6 of Schedule 1 to the Civil and Administrative Tribunal Act, 2013 (CATA). This Tribunal may exercise all the functions which the Administrative Decisions Tribunal had immediately before its abolition. The provisions of the Administrative Decisions Tribunal Act, 1997, which would have applied to these proceedings had CATA not been enacted continue to apply: Clause 7(3) Schedule 1 to CATA.