Council of the Law Society of New South Wales v Sullivan [2017] NSWCATOD 2

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Sullivan [2017] NSWCATOD 2 Hearing dates: 5 December 2016 Date of orders: 04 January 2017 Decision date: 04 January 2017 Jurisdiction: Occupational Division Before: Principal Member B Tamberlin Senior Member C Ludlow General Member E Hayes Decision: 1. The respondent is guilty of professional misconduct. 2. The respondent is reprimanded. 3. The respondent's practising certificate is suspended until such time as he has complied with the notice issued to him on 13 July 2015 pursuant to section 660 of the Legal Profession Act 2004. 4. The respondent pay the applicant's costs as agreed or assessed. Catchwords: PROFESSIONAL DISCIPLINE – Legal Profession – failure to comply with notice under s 660 of Legal Profession Act 2004 – challenge to validity of notice – whether issue of a notice is dependent upon compliance with ss 508 – whether discretion in s 511 must be exercised at a particular stage – whether the solicitor was denied procedural fairness – notice held to be valid – finding of professional misconduct under s 676 – appropriate disciplinary orders Legislation Cited: Legal Profession Act 2004 Civil and Administrative Tribunal Act 2013 Cases Cited: Council of the Law Society of NSW v Beazley [2014] NSWCATOD 147 Council of the Law Society of NSW v Tsalidis (No 2) [2010] NSWADT 297 Council of the Law Society of NSW v Treanor [2009] NSWADT 115) Council of the Law Society of NSW v Verghelyi (unreported, 6 September 1989) Council of the New South Wales Bar Association v Archer (No 12) [2009] NSWADT 283 Ebner v Official Trustee (2000) 205 CLR 337 Law Society of New South Wales v Konstantinidis [1999] NSWADT 109 NSW Bar Association v Howen [2003] NSWADT 117 NSW Bar Association v Meakes [2006] NSWCA340 R v Australian Stevedoring Industry Board; ex parte Melbourne Stevedoring Co Pty Ltd (1953) 88 CLR 100 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Terrance Anthony Sullivan (Respondent) Representation: Counsel: P Maddigan (Applicant) T Sullivan (Respondent in person) File Number(s): 1620142