Richard William Wales [1992] NSWLST 20

Richard William Wales [1992] NSWLST 20

The Tribunal was comfortably satisfied that the Solicitor deliberately and intentionally misled the Law Society in his practising certificate application and in his letter of 28 June 1991, and that his delays in providing an accountant's report and rectifying trust account breaches formed part of a pattern of chronic delay and casual, careless disregard of professional obligations. The complaint was established in all particulars and amounted to professional misconduct.

Jurisdiction
Australia
Judgment Date
08 September 1992
Procedural Posture
Professional Disciplinary Complaint Under Section 135 of the Legal Profession Act 1987 / Determination and Orders After Hearing
Outcome
Complaint established in all particulars; Solicitor found guilty of professional misconduct.
Legal Topics
['professional Misconduct' 'misleading the Law Society' 'practising Certificate Application' 'trust Account Regulation' "delay in Providing Accountant's Report" 'delay in Rectifying Trust Account Breaches']
['legal Profession Regulation' 'professional Discipline'] ['professional Misconduct' 'misleading the Law Society' 'practising Certificate Application' 'trust Account Regulation' "delay in Providing Accountant's Report" 'delay in Rectifying Trust Account Breaches']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Professional Disciplinary Complaint Under Section 135 of the Legal Profession Act 1987 / Determination and Orders After Hearing

Legal Issues

  1. 1 ['Whether the Solicitor misled the Law Society by stating in his application for a 1991/1992 Practising Certificate that he had not held or disbursed trust money or controlled money when he had done so.' 'Whether the Solicitor misled the Law Society by writing that he had not lodged his application because his renewal forms had been sent to an accountant and not returned owing to a fee dispute.' "Whether the Solicitor delayed in providing an accountant's report to the Law Society." 'Whether the Solicitor delayed in rectifying breaches of the Trust Account Regulation in relation to his trust account.' 'Whether the established conduct amounted to professional misconduct or unsatisfactory professional conduct.']

Ratio Decidendi

The Tribunal was comfortably satisfied that the Solicitor deliberately and intentionally misled the Law Society in his practising certificate application and in his letter of 28 June 1991, and that his delays in providing an accountant's report and rectifying trust account breaches formed part of a pattern of chronic delay and casual, careless disregard of professional obligations. The complaint was established in all particulars and amounted to professional misconduct.

Court Disposition

Complaint established in all particulars; Solicitor found guilty of professional misconduct.

Orders

  • ['That the Solicitor pay a fine of $5,000.00 within thirty days from this date.' "That in default of compliance with Order 1 hereof the Solicitor's practising certificate be cancelled and that a practising certificate not thereafter be issued to the Solicitor until he has complied with such order." 'That within nine...