Council of the Law Society of New South Wales v Graham

The Council of the Law Society of New South Wales appealed to the Tribunal against a decision concerning the conduct of a solicitor, Mr. Graham. The dispute centred on whether the solicitor's failure to provide a proper Accountant's Certificate for the renewal of his practising certificate constituted professional misconduct.

The Tribunal was required to determine whether the solicitor's conduct, specifically the failure to comply with the administrative obligation to supply a satisfactory Accountant's Certificate, amounted to professional misconduct under the *Legal Profession Act 1987* and the *Legal Profession Regulation 2002*. The Tribunal also considered the weight to be given to the Law Society's assessment of professional misconduct.

The Tribunal reasoned that while the solicitor's failure was an administrative one and not trivial, it did not reach the level of professional misconduct. It applied the common law tests for professional misconduct, referencing *Allinson v General Council of Medical Education & Registration* and *Kennedy v The Council of the Incorporated Law Institute of New South Wales*, which require a certain gravity of conduct. The Tribunal found that the solicitor's omission, being a breach of an administrative obligation and not declared as serious misconduct under the Act, lacked the necessary gravity. English and Queensland decisions concerning similar failures were considered but deemed not to assist due to differences in legislation and facts. The Tribunal concluded that the solicitor's conduct was an administrative failure, not professional misconduct.

The appeal was dismissed with costs.