Council of the Law Society of NSW v Etherington [2016] NSWCATOD 31

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Etherington [2016] NSWCATOD 31 Hearing dates: 2 May 2016 Date of orders: 30 May 2016 Decision date: 30 May 2016 Jurisdiction: Occupational Division Before: D Fairlie, Senior Member N Isenberg, Senior Member E Hayes, General Member Decision: (1) Paul Martin Etherington is reprimanded (2) Paul Martin Etherington is to pay the costs of the Council of the Law Society of NSW as agreed or assessed Catchwords: Solicitor – failure to pay superannuation contributions for employees – whether amounts to professional misconduct Legislation Cited: Civil and Administrative Tribunal Act 2013 Legal Profession Act 2004 Superannuation Guarantee (Administration) Act 1992 Superannuation Guarantee Charge Act 1992 Cases Cited: Allinson v General Council of Medical Education and Registration [1894] 1QB 750 De Pardo v Legal Practitioners Complaints Committee [2000] FCA 335 Council of the Law Society of NSW v Dalla [2011] NSW ADT 130 Council of the Law Society of NSW v Kingston [2014] NSWCATOD 21 Kennedy v Incorporated Law Institute of NSW (1939) 13 ALJ 563 Myers v Elman [1940] AC 282 Law Society of NSW v Bouzanis [2006] NSW ADT 55 Law Society of NSW v Delpopolo [2014] NSWCATOD 55 Law Society of NSW v Gillroy [2010] NSW ADT 232 Law Society of NSW v Koffel [2010] NSW ADT149 Law Society of NSW v Starky NSW CA (unreported) 13 August 1979 Re a Solicitor; Ex parte Law Society [1912]1 KB 30 Roy Morgan Research v Commissioner of Taxation [2011] HCA 35 Texts Cited: Edmonds - Misconduct of Australian Lawyers Monash University Law Review Vol 39 No 3 801 Category: Principal judgment Parties: Council of the Law Society of NSW (Applicant) Paul Martin Etherington (Respondent) Representation: Counsel: P Madigan (Applicant) N Beaumont SC and R Withana (Respondent)