Dennis James Newby [1993] NSWLST 17

Dennis James Newby [1993] NSWLST 17

A practitioner who had been convicted of 15 counts of theft totalling $262,000 and seven counts of trust account deficiency totalling $217,000, with no exceptional circumstances shown, could not be accepted by professional peers or the public as a fit and proper person to act as a solicitor. The Tribunal found it appropriate to treat the conduct as professional misconduct and ordered that Mr Newby's name be struck from the roll of solicitors of the Supreme Court of New South Wales.

Jurisdiction
Australia
Judgment Date
02 October 1993
Procedural Posture
Complaint by the Council of the Law Society of New South Wales Under Section 135 of the Legal Profession Act 1987 Alleging Professional Misconduct / Final Hearing in the Absence of the Legal Practitioner
Outcome
Complaint upheld; Dennis James Newby's name ordered to be struck from the roll of solicitors of the Supreme Court of New South Wales, with costs ordered against him.
Legal Topics
['professional Misconduct' 'fitness to Practise' 'removal From Roll of Solicitors' 'theft' 'trust Account Deficiencies' 'misappropriation of Trust Moneys' 'costs']
['legal Profession' 'professional Discipline'] ['professional Misconduct' 'fitness to Practise' 'removal From Roll of Solicitors' 'theft' 'trust Account Deficiencies' 'misappropriation of Trust Moneys' 'costs']

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Procedural Posture

Complaint by the Council of the Law Society of New South Wales Under Section 135 of the Legal Profession Act 1987 Alleging Professional Misconduct / Final Hearing in the Absence of the Legal Practitioner

Legal Issues

  1. 1 ['Whether Dennis James Newby was guilty of professional misconduct within the meaning of the Legal Profession Act 1987.' 'Whether Dennis James Newby was not of good character and not a fit and proper person to remain on the Roll of Solicitors.' "Whether Dennis James Newby's name should be struck from the roll of solicitors of the Supreme Court of New South Wales." 'Whether the Council of the Law Society of New South Wales should receive its costs of and incidental to the complaint.']

Ratio Decidendi

A practitioner who had been convicted of 15 counts of theft totalling $262,000 and seven counts of trust account deficiency totalling $217,000, with no exceptional circumstances shown, could not be accepted by professional peers or the public as a fit and proper person to act as a solicitor. The Tribunal found it appropriate to treat the conduct as professional misconduct and ordered that Mr Newby's name be struck from the roll of solicitors of the Supreme Court of New South Wales.

Court Disposition

Complaint upheld; Dennis James Newby's name ordered to be struck from the roll of solicitors of the Supreme Court of New South Wales, with costs ordered against him.

Orders

  • ['That the name of Dennis James Newby be struck from the roll of solicitors of the Supreme Court of New South Wales.' 'That the costs of The Law Society of New South Wales of and incidental to the Complaint be taxed by the proper officer of the Supreme Court of New South Wales as between solicitor and client and...