Law Society of NSW v Shehadie [2016] NSWCATOD 46

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Law Society of NSW v Shehadie [2016] NSWCATOD 46 Hearing dates: 25 February 2016 Date of orders: 20 April 2016 Decision date: 20 April 2016 Jurisdiction: Occupational Division Before: K P O'Connor, AM, ADCJ, Deputy President R Dawson, Senior Member J Schwager, General Member Decision: 1. The Tribunal finds the respondent guilty of professional misconduct. 2. The matter is to be listed before the presiding member for the making of directions for the further hearing in relation to the appropriate disciplinary order. Catchwords: PROFESSIONAL DISCIPLINE – Legal Profession –regulated mortgage – run out mortgage - breaches admitted – solicitor for vendor – diversion of purchaser's deposit to an office account pending settlement – whether misappropriation in the circumstances – held misappropriation – characterisation of misconduct – held professional misconduct. Legal Profession Act 2004, s 255, s 479(1), Sch 8, cl 6(3), s 497. Legislation Cited: Legal Profession Act 2004 Cases Cited: Allinson v General Council of Medical Education and Registration [1894] 1 QB 750 Brereton v Legal Services Commissioner [2010] VSC 378 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Council of the Law Society of NSW v Coombes [2015] NSWCATOD 108 Peters v R [1998] HCA 7; (1998) 192 CLR 493 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Michael John Shehadie (Respondent) Representation: Counsel: B Tronson (Applicant) C Webster SC (Respondent)