Legal Services Commissioner v Tsalidis

Administrative Decisions Tribunal

New South Wales

Medium Neutral Citation:

Legal Services Commissioner v Tsalidis [2012] NSWADT 160

Hearing dates:

7 June 2012

Decision date:

08 August 2012

Jurisdiction:

Legal Services Division

Before:

M Chesterman, Deputy President
M Riordan, Judicial Member
C Bennett, Non-judicial Member

Decision:

1. The Respondent is guilty of professional misconduct under Ground 1.

2. The claim of professional misconduct under Ground 2 is dismissed.

3. A further hearing on the question of consequential orders is to take place in conjunction with a hearing, on a date to be fixed, relating to two disciplinary applications (files 112028 and 122013) that the Council of the Law Society of New South Wales has instituted in the Tribunal against the Respondent.

Catchwords:

Solicitor - disciplinary proceedings - failure to comply with statutory notice requiring information and documents - whether notice served for purpose of 'complaint investigation'

Legislation Cited:

Legal Profession Act 1987
Legal Profession Act 2004
Legal Profession Rules 2005

Cases Cited:

Gridiger v Council of the Law Society of NSW [1999] NSWSC 904
Law Society of New South Wales v Konstantinidis [1999] NSWADT 109
Law Society of New South Wales v McGrath [2000] NSWADT 45

Category:

Principal judgment

Parties:

Legal Services Commissioner (Applicant)
Charles Kiriakos Tsalidis (Respondent)

Representation:

Counsel
P Kintominas (Respondent)
A Matalani (Applicant)

File Number(s):

112024

decision

Introduction

1. On 2 September 2011, the Legal Services Commissioner ('the Commissioner') filed an Application in the Tribunal alleging that the Respondent, Charles Kiriakos Tsalidis ('the Practitioner'), had engaged in professional misconduct on two Grounds. Each of them was to the effect that, without reasonable excuse, he had failed to respond to a Notice issued in writing pursuant to section 660(1) of the Legal Profession Act 2004 (hereafter 'the Act'). The dates of the two Notices were respectively 29 September 2010 and 2 December 2010. Particulars were supplied in relation to each Ground.

1. The orders sought by the Commissioner were formulated in the Application as follows:-

A finding that the Respondent is guilty of professional misconduct.

1. In the alternative, a finding that the Respondent is guilty of unsatisfactory professional conduct.

2. Order that the Respondent's name be removed from the roll of practitioners.

3. Further, and in the alternative, order that the respondent be publicly reprimanded.

4. In the alternative, order that the Respondent be fined.

5. Order that the Respondent pay the costs of and incidental to the filing and hearing of the Information (sic).

6. Such other orders as the Tribunal sees fit (sic).

1. Also on 2 September 2011, an affidavit sworn on 30 August 2011 by Mr Steven Mark, who occupies the position of Commissioner, was filed.

1. The Practitioner did not file a Reply.

1. At the hearing of this matter on 7 June 2012, Mr Matalani appeared for the Commissioner and Mr Kintominas for the Practitioner. At this hearing, we also dealt with proceedings of a similar nature that the Council of the Law Society of New South Wales had commenced against the Practitioner.