Council of the Law Society of NSW v Donnelly [2017] NSWCATOD 34

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Donnelly [2017] NSWCATOD 34 Hearing dates: 08 August 2016 Date of orders: 14 March 2017 Decision date: 06 December 2016 Jurisdiction: Occupational Division Before: K O'Connor, AM, ADCJ, Deputy President M Riordan, Senior Member E Hayes, General Member Decision: 1. The respondent is guilty of professional misconduct. 2. The Tribunal orders that his name be removed from the local roll. 3. The Tribunal orders the respondent to pay the applicant's costs (including costs of the Council), as agreed or assessed. Catchwords: PROFESSIONAL DISCIPLINE – Legal Profession – Applications for Disciplinary Findings and Orders – Failures to appear at court – Breach of trust account obligations – Breach of costs disclosure obligations – Mixing of trust monies and office account monies – misappropriation - other matters. Legislation Cited: Legal Profession Act 2004 Legal Profession Regulation 2005 (NSW) Civil and Administrative Tribunal Act 2013 Revised Professional Conduct and Practice Rules 1995 (Solicitors) Cases Cited: A Solicitor v Council of the NSW Law Society (2004) 216 CLR 253; [2004] HCA 1 Allinson v General Council of Medical Education and Registration [1894] 1 QB 750 Coe v NSW Bar Association [2000] NSWCA 13 Council of the Law Society of NSW v Carney [2016] NSWCATOD 103 Council of the Law Society of NSW v Hancock (No 2) [2013] NSWADT 180 Council of the Law Society of NSW v McHugh [2014] NSWCATOD 37 Council of the Law Society of New South Wales v Halligan [2009] NSWADT 317 Council of the NSW Bar Association v Power [2008] 71 NSWLR 451; [2008] NSWCA 135 Law Society of New South Wales v Walsh [1997] NSWCA 185 New South Wales Bar Association v Cummins [2001] 52 NSWLR 279; [2001] NSWCA 284 NSW Bar Association v Meakes [2006] NSWCA 340 New South Wales Bar Association v Murphy (2002) 55 NSWLR 23; [2002] 55 NSWLR 23 Re Johnston 1970 (1979) 32 ACTR 37 Re Mayes and the Legal Practitioners Act [1974] 1 NSWLR 19 Re Veron; ex parte Law Society (NSW) [1966] 1 NSWR 511 at 515 Re a Solicitor: ex parte The Law Society [1912] 1 KB 302 Wentworth v Rogers [1999] NSWCA 403 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Paul Joseph Donnelly (Respondent) Representation: Counsel: P Maddigan (Applicant) No Appearance (Respondent) File Number(s): 1520101 & 1520272