David Colin Hundt [1991] NSWLST 14

David Colin Hundt [1991] NSWLST 14

The solicitor’s conduct across six grounds amounted to professional misconduct, demonstrating gross neglect, casualness, and in some instances recklessness in client matters and statutory obligations; suspension rather than removal was appropriate given absence of financial dishonesty and mitigating personal circumstances.

Parties
Respondent/solicitor: David Colin Hundt; Applicant/complainant: Council of the Law Society of New South Wales
Jurisdiction
Australia
Judgment Date
19 December 1991
Procedural Posture
Disciplinary (legal Profession) / Final Determination and Orders
Outcome
Suspension from practice for 2 years; costs and payment orders against the solicitor.
Legal Topics
Professional Misconduct, Negligence, Overcharging, Trust Account Breach, Practising Without Certificate
Legal Profession Disciplinary Proceedings Professional Misconduct Negligence Overcharging Trust Account Breach Practising Without Certificate

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Parties

David Colin Hundt

Respondent/solicitor

Council of the Law Society of New South Wales

Applicant/complainant

Procedural Posture

Disciplinary (legal Profession) / Final Determination and Orders

Legal Issues

  1. 1 Whether the solicitor was guilty of professional misconduct in relation to six separate grounds involving client matters, trust account breaches, and practising without a certificate.

Ratio Decidendi

The solicitor’s conduct across six grounds amounted to professional misconduct, demonstrating gross neglect, casualness, and in some instances recklessness in client matters and statutory obligations; suspension rather than removal was appropriate given absence of financial dishonesty and mitigating personal circumstances.

Court Disposition

Suspension from practice for 2 years; costs and payment orders against the solicitor.

Orders

  • That a practising certificate not be issued to the solicitor until the expiration of two years from the date of the order.
  • That the solicitor pay Mr F. Carnovale of Counsel the sum of $1,250.00 for outstanding fees.