Council of the Law Society of New South Wales v Konstantinidis [2019] NSWCATOD 104

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Konstantinidis [2019] NSWCATOD 104 Hearing dates: 20 February 2017; 26 May 2017; 29 and 30 August 2018; 11 and 12 December 2018 Date of orders: 03 July 2019 Decision date: 03 July 2019 Jurisdiction: Occupational Division Before: D Fairlie, Senior Member P Moran, Senior Member J Schwager, General Member Decision: 1. The Tribunal finds that the Respondent, Simon Konstantinidis, is guilty of professional misconduct in respect of Application Grounds 1 and 2; 2. The Tribunal finds that the Respondent, Simon Konstantinidis is guilty of unsatisfactory professional conduct in respect of Application Ground 3(a); 3. Application Ground 3(b) is dismissed; 4. The Registry is directed to list the matter for directions for the allocation of a Stage 2 Hearing. Catchwords: PROFESSIONS AND TRADES – legal practitioner - professional disciplinary proceedings - professional misconduct and unsatisfactory professional conduct - failure to account for balance of settlement monies following sale of property - breach of section 255 of the Legal Profession Act 2004 (NSW) - failure to comply with undertakings Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Legal Profession Act 2004 (NSW) (repealed) Revised Professional Conduct and Practice Rules 1995 (repealed) Cases Cited: Allison v General Council of Medical Education and Registration [1894] I KB 750 Batrouney v Forster [2016] VSCA 80 Briginshaw v Briginshaw [1938] 60 CLR 336 Council of the Law Society v Konstantinidis [2017] NSWCATOD 105 Konstantinidis v Council of the Law Society [2018] NSWCA 59 Law Society of New South Wales v Hinde [2005] NSWADT 199 Law Society of New South Wales v Davidson [2007] NSWADT 264 Law Society of New South Wales v Waterhouse [2002] NSWADT 204 Legal Services Board v Gillespie-Jones (2013) 249 CLR 493; [2013] HCA 35 Law Society of New South Wales v Jones (Court of Appeal (NSW), 27 July 1978, unrep) Robb & Anor v Law Society of the Australian Capital Territory [1996] 72 FCR 225 Russo v Dupree [1989] 217 ALR 54 Stewart v Strevens [1976] 2 NSWLR 321 Vincent Coffini [1994] NSWLST 25 Texts Cited: Nil Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Simon Konstantinidis (Respondent) Representation: Counsel T Wong; S Jeliva (Applicant) T Lynch SC (Respondent)