Kenneth John Hickey [1996] NSWLST 16

Kenneth John Hickey [1996] NSWLST 16

The uncontradicted evidence, supported by the Solicitor's file and his admission, established that the Solicitor failed to advise Ronald Jones as instructed and misled him by stating that proceedings had been commenced and Counsel briefed when that was false. The conduct amounted to professional misconduct and warranted a fine of $3,000 and costs.

Jurisdiction
Australia
Judgment Date
03 December 1996
Procedural Posture
Professional Misconduct Complaint / Hearing and Penalty
Outcome
Complaint established; findings of professional misconduct made; monetary penalty and costs ordered.
Legal Topics
['professional Misconduct' 'false or Misleading Statements to Client' 'failure to Advise' 'monetary Penalty' 'costs']
['legal Profession' 'professional Discipline'] ['professional Misconduct' 'false or Misleading Statements to Client' 'failure to Advise' 'monetary Penalty' 'costs']

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 Misconduct Complaint / Hearing and Penalty

Legal Issues

  1. 1 ['Whether the Solicitor was guilty of professional misconduct by failing to advise Ronald Jones as instructed in relation to whether proceedings could be instituted.' 'Whether the Solicitor misled Ronald Jones by failing to tell him that proceedings had not been instituted and by stating that Counsel had been briefed.' 'What penalty and costs orders should be made.']

Ratio Decidendi

The uncontradicted evidence, supported by the Solicitor's file and his admission, established that the Solicitor failed to advise Ronald Jones as instructed and misled him by stating that proceedings had been commenced and Counsel briefed when that was false. The conduct amounted to professional misconduct and warranted a fine of $3,000 and costs.

Court Disposition

Complaint established; findings of professional misconduct made; monetary penalty and costs ordered.

Orders

  • ['That Kenneth John Hickey be fined the sum of $3,000.00 such sum to be paid within thirty days of the date of this order.' 'That Kenneth John Hickey pay the costs of the Law Society in these proceedings, such costs to be agreed between the Society and the Solicitor and, failing agreement, to be assessed.' 'That in...