Council of the Law Society of NSW v Treanor

The case of Council of the Law Society of NSW v Treanor involved a disciplinary action against Laurence John Treanor, a legal practitioner, for his failure to comply with certain notices issued under section 660 of the Legal Profession Act 2004. The dispute came before the court with the Law Society of New South Wales as the applicant seeking disciplinary action against Treanor. The court had to determine whether Treanor's failure to comply with the notices constituted professional misconduct and, if so, what sanctions should be imposed.

The primary legal issue before the court was whether Treanor's non-compliance with the notices issued under section 660 of the Legal Profession Act 2004 constituted professional misconduct. The court needed to assess whether there was any reasonable excuse for Treanor's failure to comply and whether his previous record of non-compliance with similar notices from an investigator was relevant. The court also had to consider the appropriate sanctions, including whether to impose a fine, suspend his practising certificate, and order him to pay costs.

The court found that Treanor had indeed failed to comply with the notices and did not provide a reasonable excuse for his non-compliance. The evidence showed a pattern of disregard for the notices, which was exacerbated by his previous history of non-compliance. Given these findings, the court concluded that Treanor's conduct amounted to professional misconduct. As a result, the court imposed a fine of $6,000, ordered that Treanor not be issued with a practising certificate until he complied with the notices, and required him to pay costs of $2,000 to the Law Society.

The final orders of the court were that Laurence John Treanor is found guilty of professional misconduct due to his failure to comply with the notices under section 660 of the Legal Profession Act 2004. His practising certificate will remain suspended until he complies with the notices specified in Matter ADT No 092001. Additionally, Treanor is fined $6,000, to be paid within 60 days of the decision, and is required to pay the Law Society's costs of $2,000.