Law Society of New South Wales v Cornell No.2

In the matter of Law Society of New South Wales v Cornell No.2, the Legal Profession Tribunal (LPT) was tasked with examining allegations of professional misconduct against the respondent, Mr Cornell, a legal practitioner. The dispute arose from accusations that Mr Cornell had breached sections 61 and 62 of the Legal Profession Act, relating to professional misconduct and unsatisfactory professional conduct respectively. The LPT was required to determine whether these allegations were substantiated and, if so, what disciplinary action was appropriate.

The primary legal issues before the tribunal involved interpreting the specific provisions of sections 61 and 62 of the Legal Profession Act and assessing whether Mr Cornell's conduct fell within the ambit of professional misconduct or unsatisfactory professional conduct. The tribunal had to consider the nature and gravity of the alleged breaches, as well as any mitigating or aggravating factors. This involved a detailed examination of the evidence provided by the applicant, the Law Society of New South Wales, and Mr Cornell's defence.

After careful consideration of the evidence and arguments presented, the tribunal found that Mr Cornell had indeed engaged in professional misconduct and unsatisfactory professional conduct. The tribunal determined that these breaches warranted sanctions under the Legal Profession Act. Consequently, the tribunal imposed a fine of $8,000 to be paid within 60 days, with the threat of practising certificate cancellation if the fine was not paid. Additionally, Mr Cornell was publicly reprimanded and ordered to pay the applicant's costs, excluding those related to a previous tribunal application. The tribunal also noted Mr Cornell's undertaking not to apply for a practising certificate for five years, a period that the tribunal mandated to commence from the date of publication of these orders.