Peter Roger Simons [1994] NSWLST 19

Peter Roger Simons [1994] NSWLST 19

The admitted and established misappropriations in the Herry, Zimmer, Van Langenberg, Royston and J.W. Metcalfe matters totalled $52,782.81 and involved wilful breaches of s.41 of the Legal Practitioners' Act 1898 or s.61 of the Legal Profession Act 1987, amounting to professional misconduct. Grounds 6 and 7 were not proved, and the borrowing grounds failed because the lenders were not then clients and the loans were not investments within the Guidelines or Regulation 27. Because the Solicitor misappropriated client money on more than one occasion and no exceptional circumstances justified a lesser order, his name was to be removed from the Roll.

Jurisdiction
Australia
Judgment Date
15 December 1994
Procedural Posture
Professional Misconduct Complaint / Hearing and Determination by the Legal Services Tribunal Under Transitional Provisions of the Legal Profession Reform Act 1993 and Its Regulations
Outcome
Solicitor found guilty of professional misconduct on grounds 1 to 5; grounds 6 to 11 dismissed; name removed from the Roll and costs ordered.
Legal Topics
['professional Misconduct' "misappropriation of Clients' Funds" 'removal From Roll of Solicitors' 'borrowing Transactions With Former Clients' 'costs']
['legal Profession Disciplinary Law'] ['professional Misconduct' "misappropriation of Clients' Funds" 'removal From Roll of Solicitors' 'borrowing Transactions With Former Clients' 'costs']

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Procedural Posture

Professional Misconduct Complaint / Hearing and Determination by the Legal Services Tribunal Under Transitional Provisions of the Legal Profession Reform Act 1993 and Its Regulations

Legal Issues

  1. 1 ["Whether the Solicitor misappropriated clients' moneys and breached s.41 of the Legal Practitioners' Act 1898 or s.61 of the Legal Profession Act 1987 in grounds 1 to 7 of the Complaint." "Whether the Solicitor breached the Guidelines for Borrowing Transactions or Regulation 27 of the Legal Profession Regulation 1987 when borrowing money from Messrs Day, Bass, Lonngren and O'Mara." "What order should be made after findings of professional misconduct for misappropriation of clients' funds." 'What costs order should be made where some grounds were dismissed for lack of evidence.']

Ratio Decidendi

The admitted and established misappropriations in the Herry, Zimmer, Van Langenberg, Royston and J.W. Metcalfe matters totalled $52,782.81 and involved wilful breaches of s.41 of the Legal Practitioners' Act 1898 or s.61 of the Legal Profession Act 1987, amounting to professional misconduct. Grounds 6 and 7 were not proved, and the borrowing grounds failed because the lenders were not then clients and the loans were not investments within the Guidelines or Regulation 27. Because the Solicitor misappropriated client money on more than one occasion and no exceptional circumstances justified a lesser order, his name was to be removed from the Roll.

Court Disposition

Solicitor found guilty of professional misconduct on grounds 1 to 5; grounds 6 to 11 dismissed; name removed from the Roll and costs ordered.

Orders

  • ['The name of the Solicitor Peter Roger Simons be removed from the Roll of Solicitors of the Supreme Court of New South Wales.' 'The Solicitor pay 80 per cent of the costs of the Law Society, such costs to be assessed on a solicitor/client basis as if taxed in the Supreme Court.' 'If the parties cannot agree on the...