Law Society of New South Wales v Delpopolo [2014] NSWCATOD 55

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Law Society of New South Wales v Delpopolo [2014] NSWCATOD 55 Hearing dates: 2 December 2013 Decision date: 16 May 2014 Jurisdiction: Occupational Division Before: S Hale- Senior Member J Wakefield -Senior Member C Bennett - General Member Decision: 1. The Solicitor be publicly reprimanded The Solicitor pay the costs of the Council of the Law Society as agreed or assessed. 2. The Solicitor undertake the first available course in Practice Management that is approved by the Society, and in any event, complete the course to the satisfaction of the Society and within nine (9) months of the date of the Tribunal's decision. Catchwords: Legal Practitioner - Disciplinary Application - professional misconduct - failure to pay superannuation guarantee contributions Legislation Cited: Civil and Administrative Tribunal Act, 2013 Legal Profession Act, 2004 Superannuation Guarantee Charge Act 1992 Category: Principal judgment Parties: The Council of the Law Society of NSW (Applicant) Sara Laura Delpopolo (Respondent) Representation: The Council of the Law Society of NSW, C. Groenewegen (Applicant) CKB Associates (Respondent) File Number(s): 132008

reasons for decision

Summary of complaint 1On 24 May 2013, the Council of the Law Society of New South Wales ("the Law Society") filed an Application alleging that the respondent, Sara Laura Delpopolo ("the legal practitioner"), whilst practising as a legal practitioner was guilty of professional misconduct on the following grounds: 1.1 Delay in paying the superannuation entitlements of the complainant; 1.2 Failure to pay superannuation entitlements of the complainant. 2The Orders sought in the Application were that the legal practitioner be publicly reprimanded, that she undertake the first available course in Practice Management that is approved by the Society, and in any event, complete the course to the satisfaction of the Society within 9 months of the date of the Tribunal's decision and pay the Law Society's costs of the proceedings. 3The matter was heard by the Administrative Decisions Tribunal on 2 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.