Law Society of New South Wales v Leonard [2017] NSWCATOD 58

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Law Society of New South Wales v Leonard [2017] NSWCATOD 58 Hearing dates: 15 March 2017, 20 and 29 March 2017 (submissions) Date of orders: 18 April 2017 Decision date: 18 April 2017 Jurisdiction: Occupational Division Before: The Hon F Marks ADCJ (Principal Member) P Moran (Senior Member) M Bolt (General Member) Decision: The respondent is guilty of professional misconduct. Orders and interstate recommendations made for; Completion of trust account course Suspension of registration for 6 months Supervision for 1 year Regular audits for 1 year Costs Catchwords: Legal practitioner-monies received for unpaid disbursements paid into office account in breach of trust account legislation-failure to pay disbursements in a timely manner-finding of professional misconduct-respondent not fit to practice-registration suspended-orders to undertake trust account course and for supervision, audits and to pay costs. Legislation Cited: Legal Profession Act 2004 Cases Cited: Ex parte Tziniolas : Medical Practitioners Act (1996) 67 SR (NSW) 448: 84 WN (NSW) (Pt2) 275 Gary Alan Robb and Gerard Peter Rees v The Law Society of the Australian Capital Territory [1996] FCA 1131 Law Society of NSW v Beazley [2017] NSWCATOD 335 Law Society of New South Wales v Hannam [2006] NSWADT 24 Law Society of New South Wales v Walsh [1997] NSWCA 185 Walsh v Law Society of New South Wales [1999] HCA 33 Category: Principal judgment Parties: Council of the Law Society of New South Wales (applicant) Michael John Leonard (respondent) Representation: Counsel: L W Pierotti Solicitor (applicant) T F Edwards Solicitor (respondent)