Russo v Legal Services Commissioner [2016] NSWCA 306

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Russo v Legal Services Commissioner [2016] NSWCA 306 Hearing dates: 25 August 2016 Decision date: 08 November 2016 Before: Ward JA; Leeming JA; Payne JA Decision: 1. Appeal allowed. 2. The order made by the New South Wales Civil and Administrative Tribunal on 12 April 2016 for the removal of the appellant's name from the Supreme Court Roll of legal practitioners be set aside. 3. In lieu thereof, order that: (a) the appellant be reprimanded in respect of his professional misconduct and unsatisfactory professional conduct as found by the Tribunal; (b) a fine of $20,000 be imposed. 4. The appellant pay the Commissioner's costs of the appeal. Catchwords: LEGAL PRACTITIONERS – professional misconduct and unsatisfactory professional conduct – appeal from order removing appellant's name from roll of legal practitioners for failure to pay counsel's fees or account for payments made by client for counsel's fees – whether appellant denied procedural fairness in circumstances where Commissioner did not press for order for removal of appellant's name from roll at hearing and Tribunal did not indicate intention to assess his fitness to continue in practice – appeal allowed – order substituted for reprimand and fine Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 38(5) Legal Profession Act 2004 (NSW), ss 255, 299(1)(f), 302(1)(l), 497(1)(a), 562(7), 660 Legal Profession Uniform Law (NSW), ss 299(1)(f), 302(1)(l) Property (Relationships) Act 1984 (NSW) Cases Cited: Bar Association of New South Wales v Miller (No 2) [2011] NSWADT 148 Barwick v Council of the Law Society of New South Wales [2004] NSWCA 32 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Council of the Law Society of New South Wales v Hancock (No 2) [2009] NSWADT 327 Council of the Law Society of New South Wales v McHugh [2015] NSWCATOD 37 Council of the Law Society of New South Wales v Ross [2013] NSWADT 106 Council of the Law Society of New South Wales v Vaughan [2015] NSWCATOD 156 Goldie v Minister for Immigration & Multicultural Affairs [1999] FCA 1277; (1999) 52 ALD 321 Law Society of New South Wales v Hannam [2006] NSWADT 24 Law Society of New South Wales v Shad [2002] NSWADT 236 Legal Services Commissioner v Bryden and Hagipantelis (No 3) [2012] NSWADT 225 Legal Services Commissioner v McCarthy [2010] NSWADT 269 Legal Services Commissioner v Russo [2016] NSWCATOD 42 Legal Services Commissioner v Tsalidis [2013] NSWADT 101 Re Robb (1996) 134 FLR 294 Xu v Council of the Law Society of New South Wales [2009] NSWCA 430 Category: Principal judgment Parties: Salvatore Russo (Appellant) Legal Services Commissioner (Respondent) Representation: Counsel: T Lynch SC with A Vernier (Appellant) Ms C Webster SC (Respondent)