Council of the Law Society of New South Wales v Downie [2014] NSWCATOD 60

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Downie [2014] NSWCATOD 60 Hearing dates: 23 May 2014 Decision date: 10 June 2014 Jurisdiction: Occupational Division Before: Hon. W. Haylen QC, Deputy President/Divisional Head J. Wakefield, Senior Member J. Butlin, General Member Decision: 1. That the name of Daniel McGregor Downie be removed from the local roll 2. That Daniel McGregor Downie pay the costs of the applicant as agreed or assessed Catchwords: Legal practitioner- professional misconduct-misappropriation-failure to pay employee superannuation- breach of s255 and s.264 Legal Profession Act-causing deficiency in trust account- breach of r12 of Solicitors Rules-instrument of consent-name of solicitor removed from roll-solicitor to pay costs of applicant Legislation Cited: Legal Profession Act 2004 Civil and Administrative Tribunal Act 2013 Cases Cited: Council of the Law Society of New South Wales v Dalla [2011] NSWADT 130 New South Wales Bar Association v Butland [2009] NSWADT 177 Allison v General Council for Medical Education and Registration [1894] 1 QB 750 Dupal v Law Society of New South Wales (unreported, NSW Court of Appeal,26 April 1990) Wentworth v New South Wales Bar Association (1992) 176 CLR 239 Law Society of New South Wales v Foreman (1994) 34 NSWLR 408 New South Wales Bar Association v Hamman [1999] NSWCA 404 Council of the New South Wales Bar Association v Miller (No.2) [2012] NSWADT 129 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Daniel McGregor Downie (Respondent) Representation: Ms.C.Groenwegen,Solicitor Mr.A.Matalani, Solicitor ( for the Legal Services Commissioner) (Applicant) No appearance (Respondent) File Number(s): 1420151