Council of the Law Society of New South Wales v Bouzanis [2017] NSWCATOD 84

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Bouzanis [2017] NSWCATOD 84 Hearing dates: 10 October 2016 and 7 March 2017 Date of orders: 26 May 2017 Decision date: 26 May 2017 Jurisdiction: Occupational Division Before: D Cowdroy QC ADCJ, Principal Member J Wakefield, Senior Member E Hayes, General Member Decision: 1. The Application filed by the Council alleging a breach of s255 and/or a breach of s254 of the Act is dismissed; and

2. Any application for costs should be notified to the registry within 14 days for listing by arrangement in default of which notification there will be no order as to costs. Catchwords: Civil and Administrative Tribunal (NSW) – Occupational Division - jurisdiction – misappropriation of trust monies – whether payment for unpaid counsel's fees is trust monies - s 246(4) Legal Profession Act 2004 - professional misconduct – removal from roll Legislation Cited: Legal Profession Act 2004 Cases Cited: Council of the Law Society NSW v Andreone (No 1) [2014] NSWCATOD 49 Law Society of the Australian Capital Territory In relation to the conduct of Robb and Rees BC 9602649 Law Society of NSW v Davidson [2007] NSWADT 264 Legal Services Commissioner v McCristal (Legal Practice) [2011] VCAT 231 Legal Services Commission v Russo [2016)NSWCATOD 42 Texts Cited: Nil Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Peter Bouzanis (Respondent) Representation: Counsel: G Johnson (Applicant) P Strickland SC (Respondent)