George Peter Duckett White [1994] NSWLST 24

George Peter Duckett White [1994] NSWLST 24

The solicitor did not deliberately engage in conduct with an intent to defraud the Office of State Revenue. However, he failed to ascertain and insert the correct date of exchange on the contract, constituting unsatisfactory professional conduct for not exercising the expected standard of competence and diligence.

Parties
Solicitor: George Peter Duckett White; Complainant: Law Society of New South Wales
Jurisdiction
Australia
Judgment Date
21 December 1994
Procedural Posture
Disciplinary Proceedings / Final Judgment
Outcome
Finding of unsatisfactory professional conduct; not professional misconduct.
Legal Topics
Competence and Diligence, Unsatisfactory Professional Conduct, Professional Misconduct, Stamp Duty
Legal Profession Law Competence and Diligence Unsatisfactory Professional Conduct Professional Misconduct Stamp Duty

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Parties

George Peter Duckett White

Solicitor

Law Society of New South Wales

Complainant

Procedural Posture

Disciplinary Proceedings / Final Judgment

Legal Issues

  1. 1 Whether the solicitor's conduct in inserting an incorrect date on a contract for sale of land constituted professional misconduct or unsatisfactory professional conduct
  2. 2 Whether there was intent to defraud the Office of State Revenue

Ratio Decidendi

The solicitor did not deliberately engage in conduct with an intent to defraud the Office of State Revenue. However, he failed to ascertain and insert the correct date of exchange on the contract, constituting unsatisfactory professional conduct for not exercising the expected standard of competence and diligence.

Court Disposition

Finding of unsatisfactory professional conduct; not professional misconduct.

Orders

  • The solicitor is reprimanded.
  • The solicitor is to pay a fine of $1,000.00 within sixty (60) days from the date of the order.