Council of the Law Society of New South Wales v Evans [2016] NSWCATOD 126

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Evans [2016] NSWCATOD 126 Hearing dates: 30 March 2016 Date of orders: 06 October 2016 Decision date: 06 October 2016 Jurisdiction: Occupational Division Before: M Schyvens, Deputy President R Dawson, Senior Member E Hayes, General Member Decision: (1)The Solicitor is guilty of professional misconduct. (2)The name of the Solicitor be removed from the roll of local practitioners. (3)The Solicitor is to pay the Society's costs as agreed or assessed. Catchwords: Solicitor – Disciplinary application – Depositing Trust Money to Office Account – Professional Misconduct – Misappropriation of Trust Monies – Name Removed from the Roll Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Interpretation Act 1987 (NSW) Interpretation of Legislation Act 1984 (VIC) Legal Profession Act 2004 (NSW) Legal Profession Uniform Law 2015 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Legal Profession Uniform Law Application Legislation Amendment Act 2015 (NSW) Cases Cited: Bolster v Law Society of NSW, (Court of Appeal (NSW), 20 September 1982, unrep) Briginshaw v Briginshaw [1938] HCA 34 Council of the Law Society of NSW v Ginges [2016] NSWCATOD 7 Council of the Law Society of NSW v Mayo [2014] NSWCATOD 134 Law Society of NSW v Shehadie [2016] NSWCATOD 46 Neat Holdings and Karajan Holdings Pty Ltd [1992] HCA 66 NSW Bar Association v Meakes [2006] NSWCA 340 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Philip Charles Evans (Respondent) Representation: Solicitors: Law Society of New South Wales (Applicant) P Evans (Respondent in person) File Number(s): 1520185