Law Society of New South Wales v Mattila [2017] NSWCATOD 166

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Law Society of New South Wales v Mattila [2017] NSWCATOD 166 Hearing dates: 7 August 2017 Date of orders: 22 November 2017 Decision date: 22 November 2017 Jurisdiction: Occupational Division Before: J S Currie, Senior Member P Moran, Senior Member B Thompson, General Member Decision: (1) The Solicitor is guilty of professional misconduct in relation to Grounds 1, 2, 3, 5 and 6.

(2) Ground 4 is not made out.

(3) The matter be listed for directions at the next appropriate directions hearing of the Legal Practitioners' list. Catchwords: PROFESSIONS AND TRADES - Solicitor - Professional Disciplinary Proceedings – alleged professional misconduct - failure to comply with fiscal obligations - failure to account for trust monies - breach of section 255 of the Legal Profession Act 2004 - Failure to make compulsory superannuation contributions for employees - misappropriation of trust funds- nature of professional misconduct at common law-findings of professional misconduct confirmed for 5 out of 6 grounds. Pleadings- alleged duplicity of pleading- finding that there was no duplicity of pleading. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Legal Profession Act 2004 (NSW) Legal Profession Regulations 2005 Legal Profession Uniform Law 2015 Legal Profession Uniform Law Application Act 2014 (NSW) Superannuation Guarantee (Administration) Act 1992 (Cth) Superannuation Guarantee Charge Act 1992 (Cth) Cases Cited: Allinson v General Council of Medical Education and Registration [1894] 1 QB 750 Barwick v Council of the Law Society of New South Wales [2004] NSWCA 32: Briginshaw v Briginshaw [1938] 60 CLR 336 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Council of the Law Society of New South Wales v Bouzanis [2006] NSWADT 55; Council of the Law Society of NSW v Etherington [2006] NSW CATOD 31 Council of the Law Society of NSW v Kingston [2014] NSWCATOD 21 Griffin v The Council of the Law Society of NSW [2016] NSW CA 364 Kirk v Industrial Court of NSW [2010] 239 CLR 531 Kumar v Legal Services Commissoiner [2015] NSW CA 161 Law Society of NSW v Hendy and Gillroy [2010] NSWADT 32 Law Society of NSW v Koffel [2010] NSW ADT 149 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 67 ALJR 170 at 171. Prothonotary of the Supreme Court of NSW v McCaffery [2004] NSWCA 470. Roy Morgan Research Pty Ltd v Commissioner of Taxation [2011] 244 CLR 97 The Prothonotary of the Supreme Court of New South Wales v Dimitrious [2015] NSWCA 258 Woods v The Legal Ombudsman [2004] VSCA 247 Category: Principal judgment Parties: Law Society of New South Wales (Applicant) Jennifer Margaret Mattila (Respondent) Representation: Counsel: P Maddigan (Applicant) T Lynch SC (Respondent)