Council of the NSW Law Society v Vaughan [2015] NSWCATOD 156

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the NSW Law Society v Vaughan [2015] NSWCATOD 156 Hearing dates: 24 August 2015 Date of orders: 23 December 2015 Decision date: 23 December 2015 Jurisdiction: Occupational Division Before: Hon G Mullane ADCJ - Principal Member M Hitter - Senior Member J Schwager - General Member Decision: (1)The respondent solicitor is guilty of professional misconduct; (2) The respondent solicitor is reprimanded; (3)The respondent must pay a fine of $20,000.00 within 3 months; (4) The Respondent must within 8 months complete and pass a course in Ethics approved by the Law Society of New South Wales; (5) The Respondent must within 8 months complete and pass a course in Trust Accounting approved by the Law Society of New South Wales; and (6) The respondent solicitor must pay the costs of the Law Society of or incidental to these proceedings as agreed or as assessed Catchwords: Discipline – Borrowing from Client -, attempting to mislead the Law Society - taking trust money without authority. Legislation Cited: Legal Profession Act 2004; Revised Professional Conduct and Practice Rules 1995; Cases Cited: Law Society of NSW v Harvey [1976] 2 NSWLR 154; Law Society of NSW v Moulton (1981) 2NSWLR 736; NSW Bar Association v Evatt (1968) 117 CLR 177; Ziems v the Prothonotary of the Supreme Court of NSW (1957) 97 CLR 279; Clyne v NSW bar Association(1960) 104 CLR186; Tyrrell v Bank of London (1862) 10 HLC 26; Law Society of NSW v Barwick and Deshnicz [2002] NSWADT 66, Council of the Law Society of NSW v Mavrakis [2010] NSWADT 103; Council of the Law Society of NSW v Stormer [2010] NSWADT 240; Council of the Law Society of NSW v White [2011] NSWADT 11; Council of the Law Society of NSW v Lyons [2012] NSWADT 166; and Council of the Law Society of NSW v Laftsidis [2010] NSWADT 317; Council of the Law Society of NSW v Dona [2014] NSWCATOD 27; Dona v the Council of the Law Society of NSW [2014] NSWCA 444; Law Society of NSW v Vosnakis [2007] NSWADT 42, The Council of the Law Society of NSW v Downie [2014] NSWCATOD 60, Legal Services Commissioner v O'Donnell [2015] NSWCATOD 17 and the Council of the Law Society of NSW v Martin [2015] NSWTATOD 13; Council of Law Society of NSW v Doherty [2009] NSWTATOD 155; The Council of the Law Society of NSW v Doherty [2010] NSWCA 177; Council of NSW Law Society v Pizzinga [2012] NSWADT 211; Council of the Law Society of NSW v Vaughan [2011] NSW ADT 118. Category: Principal judgment Parties: Council of the Law Society of NSW (Applicant) Michael John Vaughan (Respondent) Representation: Counsel: P Maddigan (Applicant) S Littlemore QC (Respondent)