Council of the Law Society of NSW v Herat [2016] NSWCATOD 116

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Herat [2016] NSWCATOD 116 Hearing dates: 21 June 2016 Date of orders: 02 September 2016 Decision date: 02 September 2016 Jurisdiction: Occupational Division Before: Cowdroy ADCJ, Principal Member D Fairlie, Senior Member M Bolt, General Member Decision: (1) That the solicitor be found guilty of professional misconduct for failing to comply with the three notices (the notices) issued to him on 1 December 2014, 21 May 2015 and 21 August 2015 pursuant to section 660 of the Legal Profession Act 2004 without reasonable excuse, and for failing to comply with the requirements of notification prescribed by s67 of such act: (2) That the solicitor be reprimanded for the failures referred to in order 1 above: (3) That in respect of the three notices, because the solicitor has responded to each notice to the satisfaction of the Law Society, such response is treated by the Tribunal as sufficient compliance and no further requirement or fine is to be imposed; (4) That the solicitor pay the costs of the Law Society of these proceedings. Catchwords: FINDING OF professional misconduct against solicitor – failure to respond to notices issued pursuant to section 660 of the Legal Profession Act 2004 – failing to comply with the requirements of s67 - consequential orders Legislation Cited: Legal Profession Act 2004 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Act 2013 No 2 Cases Cited: NSW Bar Association v Howen (No2) [2003] NSWA DT235; Council of the Law Society of New South Wales v Truong (No2) [2015] NSW CA TOD 79 Law Society of New South Wales v Moulton [1981] 2 NSW LR 736 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Bruce Duleep Herat (Respondent) Representation: Solicitors: Council of the Law Society of New South Wales (Applicant in person) Bruce Duleep Herat (Respondent in person) File Number(s): 1520243