Council of the Law Society of New South Wales v Gates [2016] NSWCATOD 35

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Gates [2016] NSWCATOD 35 Hearing dates: 14 September 2015 Date of orders: 30 March 2016 Decision date: 30 March 2016 Jurisdiction: Occupational Division Before: S Hale, Senior Member J Wakefield, Senior Member M Bolt, General Member Decision: 1. The Solicitor is guilty of professional misconduct 2. The Solicitor be reprimanded 3. The Solicitor, at her own expense, is to undertake within 9 months of the date of these orders, a course in Legal Ethics and a course in Practice Management that is approved by the Manager of Professional Standards Department of the Law Society of New South Wales and achieve a mark of not less than 50%. 4. The Solicitor pays the costs of and incidental to the proceedings Catchwords: Legal profession – disciplinary proceedings – professional misconduct outside practice as solicitor – misleading employer as to destination of superannuation funds – dishonesty for solicitor's personal benefit Legislation Cited: Civil & Administrative Tribunal Act 2013 Legal Profession Act 2004 Legal Profession Uniform Law Application Act 2014 (NSW) Legal Profession Uniform Law Application Legislation Amendment Act 2015 Interpretation of Legislation Act 1994 (Vic) NSW Interpretation Act Legal Profession Act 1987 Cases Cited: Allinson v Council of Medical Education and Registration (1894) 1 QB 750 Council of the Law Society NSW v Bouzanis [2006] NSWADT 55 Council of the Law Society NSW v Dalla [2011] Council of the Law Society NSW v Delpopolo ]2014] NSWCATOD 55 Council of the Law Society NSW v Gillroy [2013] NSWADT 87 Council of the Law Society NSW v John Alexander Xenos [2012] NSWADT 283 Council of the Law Society NSW v Kingston [2014] NSWCATOD 21 Council of the Law Society NSW v Koffel [2010] NSWADT 149 Council of the Law Society NSW v Nicholls [2012] NSWADT 222 Council of the Law Society NSW v Nicopoulos [2011] NSWADT 84 Council of the Law Society NSW v Pizzinga [2012] NSWADT 211 Council of the Law Society NSW v. Ross [NSWADT 106 Council of the Law Society NSW v. Scanlan [2015] NSWCATOD 44 Council of the Law Society of NSW v. Vosnakis [2007] NSWADT 42 Council of the Law society v. Somerfield [2008] NSWADT 235 Council of the New South Wales Bar Association v. Costigan [2013] NSWCA 407 Council of the NSW Bar Association v. Sahade [2007] NSWCA 145 Dupal v Law Society of NSw [1990] NSWCA 161 Ex parte Tziniolis; Re the Medical Practitioners Act (1966) 67 SR (NSW) In re A Solicitor, Ex parte The Law Society [1912] 1 KB 302 Jackson (previously known as Subramaniam) v. Legal Practitioners Admission Board [2006] NSWSC 1338 Kumar v Legal Services Commissioner [2015] NSWCA 161 Law Society of New South Wales v. Jayawardena [2008] NSWADT 187 Marten v Royal College of Veterinary Surgeons' Disciplinary Committee [1966] 1 QB 1 Melbourne v The Queen (1999) 198 CLR 1 Myers v Elman [1940] AC 282 New South Wales Bar Association v Cummins (2001) 52 NSWLR 279; [2001] NSWCA 284) New South Wales Bar Association v Osei (No. 2) [2008] NSWADT 324 Prothonotary of the Supreme Court of New South Wales v Costello [1984] 3 NSWLR 201 at 203D-e, 207B-C) Prothonotary of the Supreme Court of New South Wales v. Livanes [2012] NSWCA 325 Prothonotary of the Supreme Court of New South Wales v. Da Rocha [2013] NSWCA 151 Re Hodgekiss (1962) SR (NSW) 340 at 351 Re Mayes and the Legal Practitioners Act [1974] 1 NSWLR 19 at 24-25 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Rebekah Joan Gates (Respondent) Representation: Ms C Groenewegen (Applicant) Mr G Walsh (Respondent) File Number(s): 1520084 Publication restriction: NIL