Gerard Kevin Byrnes [1990] NSWLST 2

Gerard Kevin Byrnes [1990] NSWLST 2

On the Complainant's evidence, and in the absence of any evidence from the Solicitor, the Tribunal was satisfied that the Solicitor misappropriated money totalling $7,659.90, being money held by his employers in trust for clients or money his employers were entitled to receive on behalf of clients. That conduct was professional misconduct, and the Solicitor was not a fit and proper person to practise as a solicitor, warranting removal from the roll of solicitors.

Jurisdiction
Australia
Judgment Date
02 October 1990
Procedural Posture
Professional Misconduct Complaint Pursuant to Section 135 of the Legal Profession Act 1987 / Determination and Orders After Hearing
Outcome
Complaint upheld; Solicitor found guilty of professional misconduct and removed from the roll of solicitors.
Legal Topics
['professional Misconduct' 'misappropriation' 'trust Moneys' 'removal From Roll of Solicitors' 'costs']
['legal Profession' 'professional Discipline'] ['professional Misconduct' 'misappropriation' 'trust Moneys' 'removal From Roll of Solicitors' 'costs']

Case Brief

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Procedural Posture

Professional Misconduct Complaint Pursuant to Section 135 of the Legal Profession Act 1987 / Determination and Orders After Hearing

Legal Issues

  1. 1 ['Whether the Solicitor misappropriated the sum of $7,659.90.' "Whether the Solicitor's conduct amounted to professional misconduct." 'Whether the Solicitor was a fit and proper person to practise as a solicitor and should be removed from the roll of solicitors.']

Ratio Decidendi

On the Complainant's evidence, and in the absence of any evidence from the Solicitor, the Tribunal was satisfied that the Solicitor misappropriated money totalling $7,659.90, being money held by his employers in trust for clients or money his employers were entitled to receive on behalf of clients. That conduct was professional misconduct, and the Solicitor was not a fit and proper person to practise as a solicitor, warranting removal from the roll of solicitors.

Court Disposition

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

Orders

  • ['THAT the name of the Solicitor GERARD KEVIN BYRNES be removed from the roll of solicitors.' 'THAT the Solicitor pay the costs of the Complainant as between Solicitor and client as taxed by the proper officer of the Supreme Court of New South Wales to the Complainant or its Solicitor.']