Council of the Law Society of New South Wales v Ginges [2016] NSWCATOD 7

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Ginges [2016] NSWCATOD 7 Hearing dates: 9 September 2015 Date of orders: 19 January 2016 Decision date: 19 January 2016 Jurisdiction: Occupational Division Before: D Patten - Principal Member M Riordan - Senior Member R Fitzgerald - General Member Decision: 1. We find the Solicitor guilty of professional misconduct pursuant to ss 497(1)(b) and 498(1)(a) of the 2004 Act. 2. Pursuant to s 562(2)(e) of the 2004 Act, we order that the Solicitor be reprimanded. 3. Pursuant to sch 5, cl 23(1) of the CAT Act, we order the Solicitor to the Law Society's costs, as agreed or assessed. Catchwords: Solicitor – disciplinary proceedings – borrowing money from clients – withdrawing trust money for legal costs without authority – 'exceptional circumstances' – order for costs Legislation Cited: Legal Profession Act 1987 Legal Profession Act 2004 Civil and Administrative Tribunal Act 2013 (No. 2) Legal Profession Act 1987 - Regulation Legal Profession Regulation – 2005 Professional conduct and Practice Rules Cases Cited: 73 Union St Retail Pty Ltd v J&S Group Pty Ltd [2012] NSWADT 212 Council of the Law Society of New South Wales v Hinde [2011] NSWADT 20 Council of the NSW Law Society v Vaughan [2015] NSWCATOD 156 Council of the New South Wales Bar Association v Miller (No 2) [2012] NSWADT 129 at [44] Law Society of New South Wales v Foreman [1994] 34 NSWLR 408 at 441-442 Law Society of New South Wales v Harvey [1976] 2 NSWLR 154 Law Society of New South Wales v Moulton [1981] 2 NSWLR 736 at 739, 740 Regina v Kelly (Edward) [2000] QB 198 at 208; [1999] UKHL 4 Smith v New South Wales Bar Association (1992) 176 CLR 256 at 270; (1992) 66 ALJR 605; (1992) 108 ALR 55; (1992) 1992 ALR 55; [1992] HCA 36 Walter v Council of Queensland Law Society Incorporated (1988) 77 ALR 228 at 235; [1988] HCA 8 Walter v Council of Queensland Law Society Incorporated (1988) 62 ALJR 153 at 157 Wentworth v New South Wales Bar Association (1992) 176 CLR 239 at 251; [1992] HCA 24 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Hal Jon Ginges (Respondent) Representation: Solicitors: Council of the Law Society of New South Wales (Applicant) H Ginges (Respondent in person) File Number(s): 1520040