Richard William Wales [1997] NSWLST 25

Richard William Wales [1997] NSWLST 25

The Solicitor deliberately misappropriated client and estate funds and dealt with trust moneys without authority or instructions, thereby wilfully breaching Section 61 of the Legal Profession Act 1987. That conduct constituted professional misconduct and demonstrated that he was not a fit and proper person to remain on the Roll of Legal Practitioners.

Jurisdiction
Australia
Judgment Date
25 September 1997
Procedural Posture
Professional Misconduct Complaint / Final Determination and Orders
Outcome
Complaint upheld; the Solicitor was found guilty of professional misconduct and ordered removed from the Roll of Legal Practitioners with costs payable to the Law Society.
Legal Topics
['professional Misconduct' 'misappropriation of Trust Money' 'breach of Legal Profession Act 1987 S 61' 'removal From Roll of Legal Practitioners' 'costs']
['legal Profession Regulation' 'professional Discipline'] ['professional Misconduct' 'misappropriation of Trust Money' 'breach of Legal Profession Act 1987 S 61' 'removal From Roll of Legal Practitioners' 'costs']

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Procedural Posture

Professional Misconduct Complaint / Final Determination and Orders

Legal Issues

  1. 1 ['Whether the Solicitor wilfully breached Section 61 of the Legal Profession Act 1987 by failing to hold money received on behalf of clients exclusively for those clients.' 'Whether the Solicitor misappropriated client and estate moneys without instructions or authority.' "Whether the Solicitor's conduct constituted professional misconduct and showed he was not a fit and proper person to remain on the Roll of Legal Practitioners."]

Ratio Decidendi

The Solicitor deliberately misappropriated client and estate funds and dealt with trust moneys without authority or instructions, thereby wilfully breaching Section 61 of the Legal Profession Act 1987. That conduct constituted professional misconduct and demonstrated that he was not a fit and proper person to remain on the Roll of Legal Practitioners.

Court Disposition

Complaint upheld; the Solicitor was found guilty of professional misconduct and ordered removed from the Roll of Legal Practitioners with costs payable to the Law Society.

Orders

  • ['That the name of Richard William Wales be removed from the Roll of Legal Practitioners.' 'That Richard William Wales pay the costs of the Law Society determined by the Tribunal in the sum of $6,028.90.']