Legislation cited: ACT Civil and Administrative Tribunal Act 2008 s 56

Legal Profession Act 2006 s 425

Tribunal: Senior Member C Chenoweth (Presiding)

TRIBUNAL: Senior Member C Chenoweth (Presiding)

1. The order of 15 November 2015 in this matter is amended pursuant to section 56(c)(i) of the ACT Civil and Administrative Act 2008 by deleting order 2 and substituting the following:

"The Tribunal recommends pursuant to section 425(4)(a) of the Legal Profession Act 2006 that the name of the Respondent be removed from the roll of practitioners of the Supreme Court of New South Wales."

1. On 15 June 2015, the applicant commenced proceedings against the respondent in an application for disciplinary action under the Legal Profession Act 2006 (LPA). The grounds of complaint were that the respondent had deliberately, or alternatively recklessly, misappropriated trust monies. The second ground of the application was a failure by the respondent to provide the applicant with a full and accurate account of his dealing with monies paid by a client, in breach of the Legal Profession (Solicitors) Rules 2007.[1]
2. The respondent was given notice of the hearing, but failed to appear. The Tribunal considered the application and made a decision. The decision and reasons were published as Council of the Law Society v Legal Practitioner "WA" [2016] ACAT 39.
3. As indicated in paragraph 12 of the reasons for decision dated 12 May 2016, the Tribunal was satisfied that the respondent has been properly notified. In a telephone call to the respondent at the commencement of the hearing, the respondent confirmed that he was aware of the hearing and that he had nothing to submit to the Tribunal. The respondent acknowledged the subject of conduct of the complaint, and also provided details of further such conduct. The respondent had indicated in written submissions that he did not object to an order removing his name from the roll of practitioners.
4. The respondent was originally admitted to practice by the Supreme Court of New South Wales on 11 April 2008. He practiced in New South Wales, and also practiced in the Australian Capital Territory under the principles of mutual recognition, but has not been admitted and is not required to be admitted to practise by the Supreme Court of the Australian Capital Territory.
5. It has been brought to the attention of the Tribunal that its order of 30 November 2015 recommending that the name of the respondent be removed from the Supreme Court roll should have made clear that this recommendation is in relation to New South Wales Supreme Court, not the Supreme Court of the Australian Capital Territory.
6. The Tribunal is empowered pursuant to section 56(c) of the ACT Civil and Administrative Tribunal Act 2008 to amend the order of 30 November 2015.
7. The tribunal amends the earlier order by deleting clause 2 referring to the Supreme Court Roll, and substituting an order pursuant to section 425 (4)(a) of the LPA, recommending the removal of the name of the respondent from the role of the Supreme Court of New South Wales.

[1] This decision was previously anonymised and cited as Council of the Law Society of the ACT v Legal Practitioner "WA" (No.2) [2016] ACAT 79 pursuant to section 423A of the Legal Profession Act 2006. As the appeal period has ended, the practitioner has now been identified in the citation of this decision. The reasons for decision otherwise remain unchanged from the date of publication.