Council of the Law Society of NSW v Gallego (No 2) [2017] NSWCATOD 61

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Gallego (No 2) [2017] NSWCATOD 61 Hearing dates: 24 March 2017 Date of orders: 27 April 2017 Decision date: 27 April 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 practitioner") guilty of professional misconduct orders that: 1. The practitioner is reprimanded. 2. The practitioner is fined $1,000. 3. The practitioner shall be entitled to continue to hold an unrestricted practising certificate subject to the following conditions: (i) The practitioner shall not operate a trust account; (ii) The practitioner shall within six months of the date of these orders and at his own expense enrol in and satisfactorily complete a trust accounts course approved by the Professional Standards Department of the Law Society of NSW (the Department); (iii) The practitioner shall within six months of the date of these orders and at his own expense attend a continuing professional development seminar approved by the Department dealing with the cost disclosure and the cost agreement provisions of the Legal Profession Uniform Law (NSW) and the Legal Profession Uniform Law Application Act 2014 (NSW) or if such a course is not available such continuing professional development seminar as may be approved by the Department. (iv) The practitioner shall provide written evidence to the Department within 14 days of his enrolment in the trust accounts course referred to in Order 3 (ii) and within 14 days of his satisfactory completion of the course. (v) The practitioner shall provide written notification to the Department of the proposed continuing professional development seminar for approval and on receipt of approval shall attend the seminar. On completion of the seminar the practitioner shall provide written evidence of his attendance to the Department. 4. The practitioner may after a period of two years from the date of these orders apply for condition (i) of Order 3 to be removed. 5. The practitioner shall pay the costs of the Council of the Law Society of NSW as agreed and failing agreement as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: PROFESSIONS AND TRADES – Where practitioner found guilty of professional misconduct – where practitioner admits he is guilty of unsatisfactory professional conduct – where professional misconduct is established – whether practitioner should be permitted to practise subject to conditions. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Legal Profession Act 2004 (NSW) (repealed) Legal Profession Uniform Law (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Council of the Law Society of New South Wales v Gallego [2014] NSWCATOD 102 Council of the Law Society of New South Wales v Gallego [2017] 29 Council of the Law Society of New South Wales v Wall [2010] ADT 176 Dupal v Law Society of New South Wales [1990] NSWCA 56 Law Society NSW v Feerick [2017] NSWCATOD 54 Law Society v Walsh [1997] NSWCA 185 Russo v Legal Services Commissioner [2016] NSWCA 306. The Prothonotary of the Supreme Court of New South Wales v Dimitrious [2015] NSWCA 258 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Mark Francesco Gallego (Respondent) Representation: Solicitors: Council of the Law Society of New South Wales (Applicant) Respondent (self-represented) File Number(s): 1620128 Publication restriction: Nil