Council of the Law Society of NSW v Kingston [2014] NSWCATOD 21

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Kingston [2014] NSWCATOD 21 Hearing dates: 17 October 2013, 20 February 2014 Decision date: 27 March 2014 Jurisdiction: Occupational Division Before: M Chesterman, Principal Member D Fairlie, Senior Member J Tingle, General Member Decision: 1. The Respondent is reprimanded. 2. Any practising certificate issued to the Respondent with respect to the period between 1July 2014 and 30 June 2019 is to be subject to the condition that he may practise only as an employed solicitor. The Respondent is to pay the Applicant's costs as agreed or assessed. Catchwords: Solicitor - disciplinary proceedings - failure to pay superannuation contributions and remit PAYG tax with respect to employees - failure to give notice of creditor's petition - penalty Legislation Cited: Administrative Decisions Tribunal Act 1997 Civil and Administrative Tribunal Act 2013 Legal Profession Act 2004 HYPERLINK "http://www.austlii.edu.au/au/legis/cth/consol_act/sga1992430/" Superannuation Guarantee (Administration) Act 1992 (Cth) HYPERLINK "http://www.austlii.edu.au/au/legis/cth/consol_act/sgca1992314/" Superannuation Guarantee Charge Act 1992 (Cth) Cases Cited: Allinson v General Council for Medical Education and Registration [1894] 1 QB 750 Council of the Law Society of New South Wales v Adams [2011] NSWADT 177 Council of the Law Society of New South Wales v Somerfield [2008] NSWADT 235 Council of the Law Society of NSW v Healey [2013] NSWADT 173 Davison v Council of the New South Wales Bar Association [2007] NSWCA 227 Law Society of New South Wales v Bouzanis [2006] NSWADT 55 Law Society of New South Wales v Vosnakis [2007] NSWADT 42 Law Society of NSW v Bannister (1993) 4 LPDR 24 Law Society of NSW v Gillroy [2010] NSWADT 232 Law Society of NSW v Koffel [2010] NSWADT 149 New South Wales Bar Association v Cummins (2001) 52 NSWLR 279; [2001] NSWCA 284 Roy Morgan Research Pty Ltd v Commissioner of Taxation (2011) 244 CLR 97 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Christopher Lyall Kingston (Respondent) Representation: Counsel J Gleeson SC (Applicant) The Council of Law Society of NSW (Applicant) Thomas & Barlaw Solicitors (Respondent) File Number(s): 122035, 132016