Legal Services Commissioner -v- King [2001] NSWADT 147

Legal Services Commissioner -v- King [2001] NSWADT 147

The practitioner failed, without reasonable excuse, to comply with properly issued statutory notices under s.152 of the Legal Profession Act 1987, and is therefore guilty of professional misconduct. The disciplinary response should reflect both the seriousness of the misconduct and the mitigating circumstances presented.

Jurisdiction
Australia
Judgment Date
11 September 2001
Procedural Posture
Professional Misconduct / Principal Matter; Decision After Hearing
Outcome
Practitioner found guilty of professional misconduct; fine imposed; public reprimand ordered; costs awarded to applicant.
Legal Topics
['professional Misconduct' 'failure to Comply With Statutory Notice' 'disciplinary Proceedings' 'legal Profession Act 1987 S.152']
['legal Profession'] ['professional Misconduct' 'failure to Comply With Statutory Notice' 'disciplinary Proceedings' 'legal Profession Act 1987 S.152']

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Procedural Posture

Professional Misconduct / Principal Matter; Decision After Hearing

Legal Issues

  1. 1 ['Whether the practitioner failed without reasonable excuse to comply with notices issued under s.152(1) of the Legal Profession Act 1987' 'Whether such failure constitutes professional misconduct']

Ratio Decidendi

The practitioner failed, without reasonable excuse, to comply with properly issued statutory notices under s.152 of the Legal Profession Act 1987, and is therefore guilty of professional misconduct. The disciplinary response should reflect both the seriousness of the misconduct and the mitigating circumstances presented.

Court Disposition

Practitioner found guilty of professional misconduct; fine imposed; public reprimand ordered; costs awarded to applicant.

Orders

  • ['That the legal practitioner pay a fine in the sum of $4,500.00 within two (2) months from the date of this order;' 'That the legal practitioner be publicly reprimanded;' "That the legal practitioner pay the Commissioner's costs in the agreed sum of $3,500.00 within three (3) months from the date of this order."]