Charles Alroy Goldberg [1987] NSWLST 1

Charles Alroy Goldberg [1987] NSWLST 1

The Committee found professional misconduct established. The solicitor had failed to account in the Little, De Vulder and Spackman matters, had been guilty of gross neglect and delay in numerous client and estate matters, had misled in the Estate of Symons, had failed to respond to proper Law Society inquiries, had practised without a practising certificate, and had hindered, obstructed and delayed the investigator. The common thread was an inability or refusal to attend to routine professional tasks and to inquiries by clients, the Law Society, its investigator and receiver. The majority was not satisfied that any suspension would protect the public and the profession, and ordered that...

Jurisdiction
Australia
Judgment Date
19 November 1987
Procedural Posture
Professional Disciplinary Reference Concerning a Solicitor / Findings and Order After Hearing Before the Solicitors Statutory Committee
Outcome
Professional misconduct found; solicitor struck off the Roll of Solicitors of the Supreme Court of New South Wales and ordered to pay the Law Society's taxed costs.
Legal Topics
['professional Misconduct' 'trust Account Accounting' 'gross Neglect and Delay' 'practising Without a Practising Certificate' 'obstruction of Investigator' 'failure to Respond to Law Society Correspondence' 'misleading Affidavit' 'striking Off']
['legal Profession Regulation' 'professional Discipline'] ['professional Misconduct' 'trust Account Accounting' 'gross Neglect and Delay' 'practising Without a Practising Certificate' 'obstruction of Investigator' 'failure to Respond to Law Society Correspondence' 'misleading Affidavit' 'striking Off']

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 Reference Concerning a Solicitor / Findings and Order After Hearing Before the Solicitors Statutory Committee

Legal Issues

  1. 1 ['Whether the solicitor failed to account to clients or beneficiaries in matters including Little, De Vulder and Spackman.' 'Whether the solicitor failed to carry out instructions and was guilty of gross neglect and delay in multiple client and estate matters.' 'Whether the solicitor misled the Court or the Law Society, including in the Estate of Symons affidavit.' 'Whether the solicitor failed to respond properly to Law Society inquiries concerning Brunskill and Bloyd.' 'Whether the solicitor practised without a practising certificate after 30 June 1986 and in relation to the period after 30 June 1987.' "Whether the solicitor hindered, obstructed or delayed the investigator appointed under Section 82A of the Legal Practitioners' Act 1898." 'What disciplinary order was appropriate after findings of professional misconduct.']

Ratio Decidendi

The Committee found professional misconduct established. The solicitor had failed to account in the Little, De Vulder and Spackman matters, had been guilty of gross neglect and delay in numerous client and estate matters, had misled in the Estate of Symons, had failed to respond to proper Law Society inquiries, had practised without a practising certificate, and had hindered, obstructed and delayed the investigator. The common thread was an inability or refusal to attend to routine professional tasks and to inquiries by clients, the Law Society, its investigator and receiver. The majority was not satisfied that any suspension would protect the public and the profession, and ordered that...

Court Disposition

Professional misconduct found; solicitor struck off the Roll of Solicitors of the Supreme Court of New South Wales and ordered to pay the Law Society's taxed costs.

Orders

  • ['The name of Charles Alroy Goldberg be and the same is hereby struck off the Roll of Solicitors of the Supreme Court of New South Wales.' 'The costs of the Law Society of New South Wales of and incident to the Reference be taxed by the proper officer of the Supreme Court of New South Wales as between Solicitor and...