Kevin Charles Hall [1993] NSWLST 5

Kevin Charles Hall [1993] NSWLST 5

The Tribunal found that the solicitor, Kevin Charles Hall, wilfully contravened Sections 61 and 62 of the Legal Profession Act 1987 in relation to multiple client matters by transferring client trust moneys into his own or office account without proper authority or accounting, and misappropriated funds. These breaches constituted professional misconduct and demonstrated that the solicitor was not a fit and proper person to remain on the Roll of Solicitors, warranting removal from the Roll.

Jurisdiction
Australia
Judgment Date
05 August 1993
Procedural Posture
Disciplinary Proceedings / Final Determination and Orders
Outcome
Name of Kevin Charles Hall removed from the Roll of Solicitors of New South Wales (struck off)
Legal Topics
['professional Misconduct' 'trust Account Breaches' 'misappropriation of Client Money' 'breach of Legal Profession Act 1987']
['legal Profession Law' 'professional Discipline'] ['professional Misconduct' 'trust Account Breaches' 'misappropriation of Client Money' 'breach of Legal Profession Act 1987']

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

Disciplinary Proceedings / Final Determination and Orders

Legal Issues

  1. 1 ['Whether the solicitor wilfully contravened Section 61 of the Legal Profession Act 1987 by failing to deal with client money appropriately' 'Whether the solicitor misappropriated client funds' 'Whether the solicitor wilfully contravened Section 62 of the Legal Profession Act 1987 regarding trust account records' 'Whether the solicitor gave false evidence in proceedings' 'Whether the solicitor was guilty of gross neglect and delay']

Ratio Decidendi

The Tribunal found that the solicitor, Kevin Charles Hall, wilfully contravened Sections 61 and 62 of the Legal Profession Act 1987 in relation to multiple client matters by transferring client trust moneys into his own or office account without proper authority or accounting, and misappropriated funds. These breaches constituted professional misconduct and demonstrated that the solicitor was not a fit and proper person to remain on the Roll of Solicitors, warranting removal from the Roll.

Court Disposition

Name of Kevin Charles Hall removed from the Roll of Solicitors of New South Wales (struck off)

Orders

  • ['That the name of Kevin Charles Hall be removed from the Roll of Solicitors of New South Wales.' 'That the costs of the Law Society (excluding costs for 17 June 1993) be paid by the Solicitor, assessed on a solicitor and client basis.' 'If parties cannot agree on quantum of costs, either may apply to the Tribunal...