Council of the Law Society of NSW v Beazley [2014] NSWCATOD 147

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Beazley [2014] NSWCATOD 147 Hearing dates: 29 October 2014 Decision date: 09 December 2014 Jurisdiction: Occupational Division Before: D Fairlie, Senior Member N Isenberg, Senior Member M Bolt, General Member Decision: 1. The Solicitor is guilty of professional misconduct. 2. The Solicitor is reprimanded. 3. The Solicitor is fined $1,000. 4. The Solicitor is to pay the Law Society's costs agreed at $2,000. Catchwords: Solicitor-disciplinary action-failure to comply with statutory notice-penalty Legislation Cited: Legal Profession Act 2004 Legal Professional Conduct and Practice Rules 1995 Cases Cited: Law Society of New South Wales v Walsh [1997] NSWCA 185 Law Society of NSW v Cunningham [2003] NSWADT138 Council of the Law Society of NSW v Tsalidis (No2) [2010] NSWADT 297 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Philip James Beazley (Respondent) Representation: Council of the Law Society of New South Wales (Applicant) P Beazley (Respondent in person) File Number(s): 1420165

reasons for decision

Introduction 1This matter concerns an application by the Council of the Law Society of New South Wales ("the Law Society"), against Philip James Beazley ( the Solicitor"), for failing to comply with the requirements under section 660 of the Legal Profession Act 2004 ( "the Act"), and secondly for failing to assist the Law Society with the investigation of a complaint against him. 2In its Application, filed on 14 April 2014, the Law Society asserted that these matters, as particularised in the Application, constituted professional misconduct by the Solicitor. It sought orders that : (1)The legal practitioner be reprimanded. (2)The legal practitioner be fined. (3)Any current Practising Certificate be suspended and no further Practising Certificate be issued until the legal practitioner provides his response to the Notice issued on 8 May 2013 pursuant to Section 660 of the Legal Profession Act, 2004. (4)The legal practitioner pay the costs of the Law Society. (5)Such other orders as the Tribunal deems fit. 3As will be apparent from the orders sought, at the time the Application was filed, the Law Society was of the view that the Notice had not been complied with by the Solicitor. However at the outset of the hearing, the Tribunal was informed that this was no longer the position, and that the Law Society accepted that the Notice had been answered by August of this year, so that it could now progress its investigation of the original complaint made against the Solicitor. 4Further the Tribunal was told that there was now substantial agreement between the parties as to the relevant factual matters, and also as to the orders sought. The Solicitor had filed a Reply in August 2014, in which he opposed all of the orders sought, and asserted that the Law Society's issuing of the Notice and the manner in which it was dealt with thereafter, amounted to an abuse of process. However we were informed by his counsel that the Solicitor now accepted that he should be reprimanded and also that he should pay the costs of the Law Society, which were agreed between the parties to amount to $2,000. The Law Society no longer pressed order 3. The remaining order 2 was the only matter in contention - that is whether the Solicitor, in addition to being reprimanded, should also have a fine imposed on him.