Council of the Law Society of New South Wales v Carr [2020] NSWCATOD 5

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Carr [2020] NSWCATOD 5 Hearing dates: 15 and 16 May 2019 Date of orders: 14 January 2020 Decision date: 14 January 2020 Jurisdiction: Occupational Division Before: P Moran, Senior Member M Sindler, Senior Member B Thomson, General Member Decision: (1) The Respondent, Malcolm Douglas Carr, is guilty of professional misconduct and unsatisfactory professional conduct. (2) The Registry is to list the matter for directions for a further hearing date on penalty. Catchwords: PROFESSIONS AND TRADES – legal practitioner – professional disciplinary proceedings – professional misconduct and unsatisfactory professional conduct – attempting to mislead a fellow practitioner concerning receipt of trust monies and payment of court filing fees – failure to comply with undertaking to transfer trust monies – misappropriation of trust monies Legislation Cited: Civil Procedure Regulation 2012 (NSW) Justice Legislation Amendment Act (No. 2) 2019 (NSW) Legal Profession Act 2004 (NSW) Legal Professional Uniform Law (NSW) New South Wales Professional Conduct and Practice Rules 2013 (NSW) Cases Cited: Allinson v General Council of Medical Education and Registration [1894] 1 QB 750 Brereton v Legal Services Commissioner [2010] VSC 378 Briginshaw v Briginshaw (1938) 60 CLR 336 Council of the Law Society of New South Wales v Konstantinidis [2019] NSWCATOD 104 Law Society of New South Wales v Hinde [2005] NSWADT 199 Legal Profession Complaints Committee v Detata [2012] WASCA 214 Law Society of NSW v Jones (Court of Appeal (NSW), 27 July 1978, unrep) The Prothonotary of the Supreme Court of New South Wales v Dimitrious [2015] NSWCA 258 Vincent Cofini [1994] NSWLST 25 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Malcolm Douglas Carr (Respondent) Representation: Counsel: P A Maddigan (Applicant) D Meyerowitz-Katz (Respondent)