Legal Services Commissioner v Dennis [2015] NSWCATOD 3

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Legal Services Commissioner v Dennis [2015] NSWCATOD 3 Hearing dates: 13 November 2014 Decision date: 10 February 2015 Jurisdiction: Occupational Division Before: M Chesterman, Principal Member J Wakefield, Senior Member E Hayes, General Member Decision: By consent: 1. The Respondent is guilty of professional misconduct. 2. The Respondent is reprimanded. 3. The Respondent is to pay the Applicant's costs in the sum of $2,500 Catchwords: Solicitor – disciplinary application – instrument of consent – delay in repaying costs to client following assessments by cost assessors – delay in reimbursing client for costs of assessments Legislation Cited: Legal Profession Act 2004Click here to enter text. Cases Cited: Allinson v General Council of Medical Education and Registration [1894] 1 QB 750 Category: Principal judgment Parties: Legal Services Commissioner (Applicant) Bruce Vernon Dennis (Respondent) Representation: Counsel: J Johnson (Respondent)

Solicitors: L Muston (Applicant) File Number(s): 1420108

Judgment

The course of these proceedings 1. On 19 February 2014, the Acting Legal Services Commissioner, James Harold Milne ('the Commissioner'), filed an Application for Disciplinary Findings and Orders against the Respondent, Bruce Vernon Dennis. 2. In this Application, the Commissioner sought the following orders: (a) a finding that the Respondent had engaged in professional misconduct or unsatisfactory professional conduct on either or both of two Grounds; (b) one or more of the following orders by way of penalty: removal from the Roll, a reprimand and a fine; and (c) a costs order. 3. On 19 February 2014, the Commissioner also filed an affidavit affirmed by him on 17 February 2014. 4. On 19 March 2014, the Respondent filed a Reply, in which he denied both of the Grounds set out in the Application but admitted some of the accompanying Particulars. 5. On 4 September 2014, an Instrument of Consent, bearing the signatures of the Commissioner, the solicitor acting for the Commissioner and the Respondent, was filed pursuant to section 564 of the Legal Profession Act 2004 ('the Act'). This Instrument included a Statement of Agreed Facts, which differed in only a few minor respects from the Grounds and Particulars contained in the Commissioner's Application. 6. The hearing of the matter took place before us on 13 November 2014. Ms Muston appeared for the Commissioner and Mr Johnson of counsel for the Respondent. 7. At the hearing, Mr Milne's affidavit was tendered and admitted without objection. The Respondent tendered a copy of a recent judgment of the Supreme Court setting aside the suspension of his practising certificate by the Law Society of New South Wales. He also tendered copies of correspondence showing that he had recently ceased to be a director of an incorporated legal practice, DC Legal Pty Ltd, of which he had been the solicitor principal. These items of evidence were admitted without objection.