Council of the Law Society of NSW v Gallego [2017] NSWCATOD 29

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Gallego [2017] NSWCATOD 29 Hearing dates: 12 December 2016 Date of orders: 24 February 2017 Decision date: 24 February 2017 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President D Fairlie, Senior Member E Hayes, General Member Decision: The Tribunal having found Mark Francesco Gallego (the respondent) guilty of professional misconduct orders that: 1. The application is stood over for hearing on penalty on 24 March 2017. 2. The Applicant is to give to the Respondent and the Tribunal any further material if any on which it relies in relation to penalty on or before 3 March 2017. 3. The Respondent is to give to the Applicant and the Tribunal any further material on which he relies in respect of penalty on or before 10 March 2017. Catchwords: PROFESSIONS AND TRADES – professional disciplinary proceedings under Legal Profession Act 2004 – whether solicitor is guilty of unsatisfactory professional conduct – whether solicitor guilty of professional misconduct – where it is asserted solicitor failed to deposit client funds into a trust account – where solicitor admits he did not comply with regulations in respect of controlled monies account – where solicitor admits he failed to make a costs disclosure to the client and to provide trust account statements in accordance with regulations. Legislation Cited: Civil & Administrative Tribunal Act 2013 (NSW) Legal Profession Act 2004 (NSW) (repealed) Legal Profession Uniform Law (NSW) 2014 Legal Profession Regulation 2005 (repealed) Legal Profession Uniform General Rules 2015 Cases Cited: Allinson v General Council of Medical Education and Registration (1984) 1 QB 750 Brereton v Legal Services Commissioner [2010] VSC 378 Briginshaw v Briginshaw (1938) 60 CLR 336 [1938] HCA 34 Council of the Law Society of NSW v Coombes [2015] NSWCATOD 108 Council of the Law Society of NSW v Greenstein [2015] NSWCATOD 122 Council of the NSW Bar Association v Breeze [2015] NSWCATOD 152 Griffin v Council of the Law Society of New South Wales [2016] NSWCA 364 Law Society v Jones (unreported Court of Appeal (NSW) 37 July 1978) Re Hodgekiss [1962] SR (NSW) 340 Category: Principal judgment Parties: Council of the Law Society of NSW (Applicant) Mark Francesco Gallego (Respondent) Representation: Solicitors: Council of the Law Society of New South Wales (Applicant)