Law Society of New South Wales v Ferry [2018] NSWCATOD 74

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Law Society of New South Wales v Ferry [2018] NSWCATOD 74 Hearing dates: 22 March 2018 Date of orders: 21 May 2018 Decision date: 21 May 2018 Jurisdiction: Occupational Division Before: The Hon F Marks (Principal Member) P Moran (Senior Member) M Von Kolpakow (General Member) Decision: The Tribunal having found that Robert Leslie Ferry (the Respondent) has engaged in unsatisfactory professional conduct orders that:

1. The Solicitor be reprimanded; 2. The Solicitor is fined the sum of $6,000; 3. The Solicitor is to pay the costs of the Council of the Law Society of New South Wales as agreed or assessed. Catchwords: PROFESSIONS AND TRADES - solicitor - professional disciplinary proceedings - findings of unsatisfactory professional misconduct - breach of section 479 of the Legal Profession Act 2004 - practicing in a situation involving a conflict of interest - orders for reprimand, fine and payment of costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Legal Profession Act 2004 (NSW) Legal profession Uniform Law (NSW) Real Property Act (NSW) 1900 (NSW) Cases Cited: Law Society of New South Wales v McCartney [2017] NSWCATOD 130 Law Society of New South Wales v Shehadie [2016] NSWCATOD 46 Marron v J Chatham Daunt Pty Ltd [1998] VSC 110 Category: Principal judgment Parties: The Council of the Law Society of New South Wales (Applicant) Robert Leslie Ferry (Respondent) Representation: Counsel: D Petrushenko (Respondent)