Phillip Leslie Blake [1994] NSWLST 1

Phillip Leslie Blake [1994] NSWLST 1

The solicitor wilfully misappropriated client trust moneys for his own use on multiple occasions, in admitted contravention of sections 61 and 62 of the Legal Profession Act 1987, failed to keep proper accounting records, and was consequently found to have engaged in disgraceful and dishonourable conduct amounting to professional misconduct, rendering him unfit to practise as a solicitor.

Jurisdiction
Australia
Judgment Date
09 February 1994
Procedural Posture
Disciplinary Proceedings / Judgment
Outcome
Name removed from Roll of Solicitors; costs order made against respondent.
Legal Topics
['professional Misconduct' 'breach of Legal Profession Act' 'misappropriation of Trust Money' 'failure to Account' 'removal From Roll']
['legal Profession' 'professional Discipline'] ['professional Misconduct' 'breach of Legal Profession Act' 'misappropriation of Trust Money' 'failure to Account' 'removal From Roll']

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Procedural Posture

Disciplinary Proceedings / Judgment

Legal Issues

  1. 1 ['Whether the solicitor misappropriated client funds in breach of sections 61 and 62 of the Legal Profession Act 1987' 'Whether the conduct constitutes professional misconduct justifying removal from the Roll of Solicitors']

Ratio Decidendi

The solicitor wilfully misappropriated client trust moneys for his own use on multiple occasions, in admitted contravention of sections 61 and 62 of the Legal Profession Act 1987, failed to keep proper accounting records, and was consequently found to have engaged in disgraceful and dishonourable conduct amounting to professional misconduct, rendering him unfit to practise as a solicitor.

Court Disposition

Name removed from Roll of Solicitors; costs order made against respondent.

Orders

  • ['The name of Phillip Leslie Blake be removed from the Roll of Solicitors of New South Wales.' 'The Solicitor pay the costs of the Law Society of New South Wales as if taxed in the Supreme Court of New South Wales on a solicitor and client basis.' 'If agreement cannot be reached as to the amount of such costs either...