Council of the Law Society of New South Wales v Truong [2016] NSWCATOD 137

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Truong [2016] NSWCATOD 137 Hearing dates: 28 September 2016 Date of orders: 07 November 2016 Decision date: 07 November 2016 Jurisdiction: Occupational Division Before: S Westgarth, Deputy President M Riordan, Senior Member M Bolt, General Member Decision: (1) The Respondent is guilty of professional misconduct both at common law and under ss 497 (1)(b) and 498 (1)(a) of the Legal Profession Act 2004.

(2) The matter is listed for directions on 7 December 2016 at 10.30 am. Catchwords: Solicitor – disciplinary proceedings – misappropriation – breach of trust account requirements – removal from Roll – 'exceptional circumstances' – order for costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (No. 2) Interpretation Act 1987 (NSW) Interpretation of Legislation Act 1984 (Vic) Legal Practice Act 1996 (Vic) Legal Profession Act 2004 Legal Profession Uniform Law (NSW) No. 16a Legal Profession Uniform Law Application Act (NSW) 2014 No. 16 Legal Profession Uniform Law Application Legislation Amendment Act 2015 (NSW) Cases Cited: Law Society of NSW v Shehadie [2016] NSWCATOD 46 Council of the Law Society of NSW v Greenstein [2015] NSWCATOD 122 Council of the Law Society of New South Wales v Coombes [2015] NSWCATOD 108 Council of the Law Society of New South Wales v Clapin [2011] NSWADT 83 Brereton v Legal Services Commissioner [2010] VSC 378 NSW Bar Association v Meakes [2006] NSWCA 340 Peters v R [1998] HCA 7; (1998) 192 CLR 493 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Allinson v General Council of Medical Education and Registration [1894] QBD 750 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Albert-Edris Truong (Respondent) Representation: Solicitors: Council of the Law Society of New South Wales (Applicant) A Sullivan (Respondent) File Number(s): 1620127