Christopher John Kirkbright [1990] NSWLST 4

Christopher John Kirkbright [1990] NSWLST 4

The solicitor withdrew $7,200 of Mr Gray's trust money without authority and used it as security for his own overdraft, causing Mr Gray not to receive the benefit of the money, thereby breaching sections 61(1) and 62(2) and committing professional misconduct. His appearances before the Registrar and Magistrate at Sutherland Local Court while not holding a current practising certificate breached section 26 and also constituted professional misconduct. The misuse of trust funds showed he was unfit to practise, requiring removal from the roll.

Jurisdiction
Australia
Judgment Date
27 September 1990
Procedural Posture
Professional Misconduct Disciplinary Complaint / Determination After Hearing
Outcome
The solicitor was found guilty of professional misconduct and ordered to be removed from the roll of solicitors in New South Wales.
Legal Topics
['misuse of Trust Money' 'solicitor Trust Accounts' 'practising Without a Current Practising Certificate' 'professional Misconduct' 'removal From the Roll of Solicitors']
['legal Profession Regulation' 'professional Discipline'] ['misuse of Trust Money' 'solicitor Trust Accounts' 'practising Without a Current Practising Certificate' 'professional Misconduct' 'removal From the Roll of Solicitors']

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Procedural Posture

Professional Misconduct Disciplinary Complaint / Determination After Hearing

Legal Issues

  1. 1 ['Whether the solicitor wilfully failed to comply with sections 61(1) and 62(2) of the Legal Profession Act in relation to money held for Mr Owen Gray.' 'Whether the solicitor breached section 26 of the Legal Profession Act by acting and appearing in proceedings as a solicitor without holding a current practising certificate.' 'Whether the established conduct amounted to professional misconduct and what disciplinary order should be made.']

Ratio Decidendi

The solicitor withdrew $7,200 of Mr Gray's trust money without authority and used it as security for his own overdraft, causing Mr Gray not to receive the benefit of the money, thereby breaching sections 61(1) and 62(2) and committing professional misconduct. His appearances before the Registrar and Magistrate at Sutherland Local Court while not holding a current practising certificate breached section 26 and also constituted professional misconduct. The misuse of trust funds showed he was unfit to practise, requiring removal from the roll.

Court Disposition

The solicitor was found guilty of professional misconduct and ordered to be removed from the roll of solicitors in New South Wales.

Orders

  • ['THAT the name of CHRISTOPHER JOHN KIRKBRIGHT be removed from the roll of Solicitors in New South Wales.' 'THAT the said CHRISTOPHER JOHN KIRKBRIGHT pay the costs of the Law Society in these proceedings such costs to be assessed as if taxed on a solicitor and client basis by the Supreme Court.']