The Council of the Law Society of NSW V Andreone (No2) [2014] NSWCATOD 81

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Council of the Law Society of NSW V Andreone (No2) [2014] NSWCATOD 81 Hearing dates: Second stage on papers Decision date: 24 July 2014 Jurisdiction: Occupational Division Before: Hon G Mullane , Senior Member D Fairlie , Senior Member C Bennett , General Member Decision: 1) The name Francesco Leonardo Andreone is to be removed from the Local Roll of Lawyers. 2)The Respondent must pay the costs of the Applicant of and incidental to this Application as agreed or as assessed. Catchwords: Solicitor - Professional misconduct - misappropriation of trust money and other breaches of legislation - solicitor struck off Legislation Cited: Legal Profession Act 2004 Civil and Administrative Tribunal Act 2013 Cases Cited: Dupal v The Law Society of NSW, NSWCA (unrep) 26/4/90; Law Society of NSW v Andreone [1999] NSWADT 14 Category: Principal judgment Parties: The Council of the Law Society of NSW (Applicant) F L Andreone (Respondent) Representation: C Groenewegen (Applicant) M Teys, TEYS Lawyers Pty Ltd (Respondent) File Number(s): 132009

reasons for decision

INTRODUCTION 1On 7 May 2014 the Tribunal made the following Orders: (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. 2The Applicant filed its written submissions on 22 May 2014 and presumably they were served on that day on the Respondent. 3On 22 May 2014 the solicitors for the Respondent notified the Tribunal that they had ceased to act for him. Some days prior to 21 June, an officer of the Tribunal telephoned the Respondent and reminded him that nothing had been filed by him under Order 3. The Respondent informed the office that he would file the material by 21 June 2014. 4The Respondent has not filed any submission or evidence in response to that order. 5Our Reasons of 7 May 2014 with the heading: "Reasons for Refusal of Adjournment", made findings about the Respondent's repeated failure to comply with directions for the filing of materials for the hearing. 6Accordingly, the Tribunal has proceeded to make decisions as to the appropriate orders based on the material available to us, including the submissions from Law Society.