Council of the Law Society of NSW v Andreone (NO.1) [2014] NSWCATOD 49

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Andreone (NO.1) [2014] NSWCATOD 49 Hearing dates: 18 February 2014 Decision date: 07 May 2014 Jurisdiction: Occupational Division Before: Hon G Mullane - Senior Member D Fairlie - Senior Member C Bennett - General Member Decision: 1. The Respondent is guilty of professional misconduct. 2. The Applicant must file and serve within 14 days of receipt of these reasons any further submissions or evidence it seeks to rely upon as to what orders the Tribunal should make. 3. Within 28 days of receipt of these reasons the Respondent must file and serve any further submissions or evidence he seeks to rely upon as to what orders the Tribunal should make. Catchwords: Solicitor - professional misconduct; misappropriation of trust money; -breach of trust account requirements; - failure to pay barristers; - failure to account; -failure to pay PAYE deductions and GST; - failure to pay employer's compulsory contributions to staff superannuation. Legislation Cited: Legal Profession Act 2004 Superannuation Guarantee Charge Act 1992 (Cth) Cases Cited: Re: Robb (1996) 134FLR294; Law Society v McCarthy (2003) NSWADT 58; Council of the Law Society of NSW v Beazley [2012] NSWADT 153; Law Society of NSW v Davidson [2007] NSWADT 264; Allinson v General Council for Medical Education and Registration [1894] 1 QB 750; NSW Bar Association v Cummins [2001] NSWCA 284; Council of the Law Society of NSW v Bouzanis [2006] NSWADT 55; Law Society of New South Wales v Vosnakis [2007] NSWADT 42; Law Society of New South Wales v Somerfield [2008] NSWADT 235; Law Society of New South Wales v Koffel [2010] NSWADT 149; Law Society of New South Wales v Gillroy [2010] NSWADT 232; Council of the Law Society of NSW v Dalla [2011]NSWADT 130; Council of the Law Society of NSW v Adams [2011] NSWADT 177; and Council of the Law Society of NSW v Kingston [2014] NSWCATOD 21 Category: Principal judgment Parties: Council of the Law Society of NSW (Applicant) FL Andreone (Respondent) Representation: Counsel S G Barnes (Applicant ) W V McManus (Respondent) Anne-Marie Foord, (Applicant) Teys Lawyers Pty Ltd, (Respondent) File Number(s): 132009