Council of the Law Society of NSW v McHugh [2014] NSWCATOD 37

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v McHugh [2014] NSWCATOD 37 Hearing dates: 19 March 2014 Decision date: 23 April 2014 Before: M Chesterman, Principal Member G Mullane, Senior Member J Butlin, General Member Decision: 1. The Respondent is guilty of professional misconduct. 2. The Respondent is reprimanded. 3. The Respondent is to pay a fine of $10,000. 4. The Respondent is to pay the Applicant's costs, as agreed or assessed. 5. The claim for compensation made by Bronwyn Horton against the Respondent is set down for directions at 10 a.m. on 7 May 2014. The Applicant is to notify Ms Horton of this directions hearing, but is not required to attend it. Catchwords: Solicitor - disciplinary application - instrument of consent - breaches of trust account requirements - failure to pay tax and superannuation contributions - penalty Legislation Cited: Administrative Decisions Tribunal Act 1997 Civil and Administrative Tribunal Act 2013 Legal Profession Act 2004 Legal Profession Regulation 2005 Cases Cited: Council of the Law Society of New South Wales v Adams [2011] NSWADT 177 Council of the Law Society of New South Wales v Kingston [2014] NSWCAT 20 Council of the Law Society of New South Wales v Vaughan [2011] NSWADT 118 Council of the Law Society of NSW v Simpson [2011] NSWADT 242 Re Mayes and the Legal Practitioners Act [1974] 1 NSWLR 20 New South Wales Bar Association v Murphy [2001] NSWCA 138; 55 NSWLR 23 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Michael Robert McHugh (Respondent) Legal Services Commissioner (Intervener) Representation: Counsel N Beaumont SC (Applicant) R Withana (Applicant) T Berberian (Respondent) A-M Foord (Applicant) Stacks Business (Respondent) L Muston (Intervener) File Number(s): 112037