Duncan Anthony Gilchrist [1991] NSWLST 4

Duncan Anthony Gilchrist [1991] NSWLST 4

The Tribunal was satisfied that the Solicitor had misappropriated substantial client and trust monies, including in the Fagita, Gangemi and Try matters, and had wilfully breached ss.61 and 62 of the Legal Profession Act 1987. His conduct was blatant dishonesty amounting to professional misconduct, and he was clearly and unreservedly unfit to remain a solicitor, requiring removal from the Roll of Solicitors.

Jurisdiction
Australia
Judgment Date
31 May 1991
Procedural Posture
Professional Misconduct Disciplinary Complaint / Determination and Orders
Outcome
Solicitor removed from the Roll of Solicitors of the Supreme Court of New South Wales and ordered to pay the Law Society's costs.
Legal Topics
['professional Misconduct' 'trust Accounting' 'misappropriation of Trust Funds' 'wilful Breach of Trust Accounting Obligations' 'removal From Roll of Solicitors']
['legal Profession' 'professional Discipline'] ['professional Misconduct' 'trust Accounting' 'misappropriation of Trust Funds' 'wilful Breach of Trust Accounting Obligations' 'removal From Roll of Solicitors']

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Procedural Posture

Professional Misconduct Disciplinary Complaint / Determination and Orders

Legal Issues

  1. 1 ['Whether the Solicitor misappropriated trust funds or client monies in the matters specified in the complaint.' 'Whether the Solicitor wilfully breached s.61 of the Legal Profession Act 1987 by failing to pay trust monies into the trust account.' 'Whether the Solicitor wilfully breached s.62 of the Legal Profession Act 1987 by failing to keep proper accounting records disclosing the true position in relation to trust monies.' "Whether the Solicitor's conduct constituted professional misconduct requiring removal from the Roll of Solicitors."]

Ratio Decidendi

The Tribunal was satisfied that the Solicitor had misappropriated substantial client and trust monies, including in the Fagita, Gangemi and Try matters, and had wilfully breached ss.61 and 62 of the Legal Profession Act 1987. His conduct was blatant dishonesty amounting to professional misconduct, and he was clearly and unreservedly unfit to remain a solicitor, requiring removal from the Roll of Solicitors.

Court Disposition

Solicitor removed from the Roll of Solicitors of the Supreme Court of New South Wales and ordered to pay the Law Society's costs.

Orders

  • ['The name of Duncan Anthony Gilchrist be and the same is hereby removed from the Roll of Solicitors of the Supreme Court of New South Wales.' 'The said Duncan Anthony Gilchrist pay the costs of the Law Society in connection with the complaint as if taxed by the Supreme Court on a solicitor and client basis.' 'If...