NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Law Society of NSW v Autore [2017] NSWCATOD 168 Hearing dates: 16 August 2017 Date of orders: 23 November 2017 Decision date: 23 November 2017 Jurisdiction: Occupational Division Before: D Fairlie, Senior Member R Dawson, Senior Member B Thomson, General Member Decision: 1. The Solicitor, Anthony Autore is guilty of professional misconduct.
2. The proceedings are stood over for hearing on penalty to a date to be fixed.
3. The Proceedings be placed in the next Legal Services Division list for directions for the filing of further evidence and submissions and the allocation of a hearing date. Catchwords: Disciplinary proceedings under the Legal Profession Act 2004 – whether solicitor guilty of professional misconduct for failing to honour an undertaking, for failing to pay counsel's fees and for failing to communicate. Legislation Cited: Civil and Administrative Tribunal Act 2013 Legal Profession Act 1987(NSW) (Repealed) Legal Profession Act 2004 (NSW)(Repealed) Legal Profession Uniform Law (NSW) 2014 Professional Conduct Rules 2013 (NSW0 Cases Cited: Allinson v General Medical Education and Registration Board [1894] 1 QB 750 Barclays Bank v Quistclose Investments Limited [1970] AC 567 Carver v The Legal Professional Disciplinary Tribunal and anor [1991] NSWLST 5 Council of the Law Society of NSW v Gallego (No1) [2017] NSWCATOD 29 Council of the Law Society of NSW v Gallego (No2) NSWCATOD 6 Council of the Law Society of NSW v Kim [2012] NSWADT 45 Council of the Law Society of NSW v Yang [2017] NSWCATOD 44 Law Society of New South Wales v Pinto [2003] NSWADT 59 Malfanti v Legal Professional Disciplinary Tribunal New South Wales Court of Appeal 1993 (unreported) Simic v New South Wales Land Housing Corporation {2016] HCA 47 Victorian Legal Services Commissioner v Voitin (Legal Practice) [2015] VCAT 1775 Category: Principal judgment Parties: Council of the Law Society of NSW (Applicant) Anthony Autore (Respondent) Representation: Solicitor: Law Society of NSW (Applicant) A Autore (Respondent in person) File Number(s): 2017/00012453
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