Ronald John Poppert [1991] NSWLST 11

Ronald John Poppert [1991] NSWLST 11

The Solicitor engaged in a continued course of conduct of using trust funds for his own purposes, maintaining false trust records, and forging and falsifying documents to cover his defalcations. The Tribunal found serious professional misconduct, that he was unfit to practise, and that his name must be removed from the roll of solicitors.

Jurisdiction
Australia
Judgment Date
07 February 1991
Procedural Posture
Professional Misconduct Disciplinary Complaint / Order and Reasons for Determination
Outcome
Complaint upheld; Solicitor found guilty of serious professional misconduct and removed from the roll of solicitors.
Legal Topics
['misappropriation of Trust Moneys' 'trust Accounting' 'forgery' 'preparation of False Documents' 'removal From Roll of Solicitors']
['legal Profession Regulation' 'professional Discipline'] ['misappropriation of Trust Moneys' 'trust Accounting' 'forgery' 'preparation of False Documents' 'removal From Roll of Solicitors']

Case Brief

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Procedural Posture

Professional Misconduct Disciplinary Complaint / Order and Reasons for Determination

Legal Issues

  1. 1 ['Whether the Solicitor misappropriated client monies.' 'Whether the Solicitor wilfully contravened Sections 61 and 62 of the Legal Profession Act 1987.' 'Whether the Solicitor forged the signature of Elly Marie Poppert on mortgages.' 'Whether the Solicitor wilfully prepared false documents.' 'Whether the Solicitor was guilty of professional misconduct and should be removed from the roll of solicitors.']

Ratio Decidendi

The Solicitor engaged in a continued course of conduct of using trust funds for his own purposes, maintaining false trust records, and forging and falsifying documents to cover his defalcations. The Tribunal found serious professional misconduct, that he was unfit to practise, and that his name must be removed from the roll of solicitors.

Court Disposition

Complaint upheld; Solicitor found guilty of serious professional misconduct and removed from the roll of solicitors.

Orders

  • ['That the name of Ronald John Poppert be and the same is hereby removed from the roll of solicitors at the Supreme Court New South Wales.' 'That the costs of the Law Society of and incidental to this application be paid by the Complainant, as if taxed in the Supreme Court on a solicitor/client basis, such costs to...