Peter George Star Carver [1990] NSWLST 3

Peter George Star Carver [1990] NSWLST 3

The Joint Tribunal's direction of 24 June 1986 was reasonable and proper, and the Solicitor was given a reasonable opportunity to provide written submissions before the award was made. In the absence of any communication by 17 July 1986, the Joint Tribunal was justified in making its award, and in any event the award remained binding until set aside by a relevant court. The Solicitor's continuing failure since at least 18 June 1987 to comply with the award, despite censure and repeated warnings, amounted to reckless indifference to and disregard for the authority and importance of the Joint Statement and the Law Society, and therefore constituted professional misconduct.

Jurisdiction
Australia
Judgment Date
23 August 1990
Procedural Posture
Professional Disciplinary Complaint Under the Legal Profession Act 1987 / Orders and Reasons for Determination After Hearing
Outcome
Professional misconduct found; fine and costs ordered.
Legal Topics
['professional Misconduct' 'failure to Comply With Joint Tribunal on Fees Award' "counsel's Fees" 'natural Justice in Fee Arbitration']
['legal Profession Regulation' 'professional Discipline'] ['professional Misconduct' 'failure to Comply With Joint Tribunal on Fees Award' "counsel's Fees" 'natural Justice in Fee Arbitration']

Case Brief

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Procedural Posture

Professional Disciplinary Complaint Under the Legal Profession Act 1987 / Orders and Reasons for Determination After Hearing

Legal Issues

  1. 1 ['Whether the award made by the Joint Tribunal on Fees was valid.' "Whether the Solicitor's failure to abide by the award constituted professional misconduct."]

Ratio Decidendi

The Joint Tribunal's direction of 24 June 1986 was reasonable and proper, and the Solicitor was given a reasonable opportunity to provide written submissions before the award was made. In the absence of any communication by 17 July 1986, the Joint Tribunal was justified in making its award, and in any event the award remained binding until set aside by a relevant court. The Solicitor's continuing failure since at least 18 June 1987 to comply with the award, despite censure and repeated warnings, amounted to reckless indifference to and disregard for the authority and importance of the Joint Statement and the Law Society, and therefore constituted professional misconduct.

Court Disposition

Professional misconduct found; fine and costs ordered.

Orders

  • ['Pursuant to Section 163(1)(d) that the Solicitor pay a fine of $2,000.00.' 'That the said sum be paid within one month from the date of this order and that thereafter the Solicitor be suspended from practice until the said fine be paid.' 'Pursuant to Section 163(6)(b) that the costs of the Complainant of and...