Law Society of NSW v Hocking [2017] NSWCATOD 19

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Law Society of NSW v Hocking [2017] NSWCATOD 19 Hearing dates: 15 April 2016, 9 September 2016 Date of orders: 01 February 2017 Decision date: 01 February 2017 Jurisdiction: Occupational Division Before: K O'Connor, AM, ADCJ, Deputy President M Riordan, Senior Member E Hayes, General Member Decision: The Tribunal finds the respondent guilty of professional misconduct, and orders that: (1) The respondent's name be removed from the Roll of Local Lawyers. (2) The respondent pay the Law Society's costs, as agreed or assessed. Catchwords: PROFESSIONAL DISCIPLINE – Legal Profession – Liability as Principal for Conduct of Law Practice – Mishandling of Trust Money – Failing to Account for Funds Received – Misappropriation – Misleading Clients – Overcharging – Acting without Authority – Breaching Court Order – Misleading the Investigator - Professional Misconduct. Legislation Cited: Legal Profession Act 2004 Civil and Administrative Tribunal Act 2013 Cases Cited: Johns v Law Society of New South Wales [1982] 2 NSWLR 1 Malfanti v Legal Profession Disciplinary Tribunal (NSWCA, unreported, BC 9303657, 23 August 1993) Sudath v Health Care Complaints Commission [2012] NSWCA 171 Lindsay v HCCC [2005] NSWCA 356 Council of the Law Society of New South Wales v McGuire [2011] NSWADT 133 New South Wales Bar Association v de Robillard [2004] NSWADT 45 Murray v Legal Services Commissioner [1999] NSWCA 70 Rondel v Worsley [1969] 1 AC 191 Law Society of NSW v Shehadie [2016] NSWCATOD 46 Re Veron; ex p Law Society of New South Wales (1966) 84 WN (NSW) (Pt 1) 136 Veghelyi v Law Society of New South Wales [1995] NSWCA 483 Law Society of New South Wales v Walsh [1997] NSWCA 185 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Law Society) Bruce Percy Hocking (Respondent) Representation: Counsel: P Maddigan (Applicant) S Blount (Respondent, Day 1)