John David Kilrea Sloan [1995] NSWLST 5

John David Kilrea Sloan [1995] NSWLST 5

The Tribunal found that the solicitor wilfully breached trust account and record-keeping obligations under the Legal Profession Act 1987 by failing to deposit client funds into the trust account and not keeping proper records; the solicitor facilitated and participated in a fraud on a credit union; failed to supervise the clerk; deliberately misled the Law Society and Tribunal; swore false declarations; shared receipts with an unqualified person; and deliberately altered documents produced to the Tribunal. These constituted professional misconduct, rendering the solicitor unfit to practise, justifying his removal from the Roll.

Jurisdiction
Australia
Judgment Date
15 May 1995
Procedural Posture
Disciplinary/professional Misconduct Proceedings / Final Determination and Orders
Outcome
All allegations of professional misconduct proven; solicitor found unfit to practise; application for compensation refused; costs ordered against solicitor.
Legal Topics
['trust Account Breach' 'failure to Supervise Staff' 'fraud/misappropriation' 'misleading Conduct' 'compensation Claim' 'removal From Roll']
['legal Profession Regulation' 'professional Misconduct'] ['trust Account Breach' 'failure to Supervise Staff' 'fraud/misappropriation' 'misleading Conduct' 'compensation Claim' 'removal From Roll']

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Procedural Posture

Disciplinary/professional Misconduct Proceedings / Final Determination and Orders

Legal Issues

  1. 1 ['Wilful contravention of s 61 and s 62 of Legal Profession Act 1987' 'Participation in fraud on a Credit Union' 'Failure to adequately supervise clerk' 'Hindering and obstructing Law Society’s investigator' 'Endeavouring to mislead the Law Society and the Tribunal' 'Swearing a false or misleading declaration' 'Sharing receipts of legal practice with unqualified person' 'Altering documents produced to the Tribunal']

Ratio Decidendi

The Tribunal found that the solicitor wilfully breached trust account and record-keeping obligations under the Legal Profession Act 1987 by failing to deposit client funds into the trust account and not keeping proper records; the solicitor facilitated and participated in a fraud on a credit union; failed to supervise the clerk; deliberately misled the Law Society and Tribunal; swore false declarations; shared receipts with an unqualified person; and deliberately altered documents produced to the Tribunal. These constituted professional misconduct, rendering the solicitor unfit to practise, justifying his removal from the Roll.

Court Disposition

All allegations of professional misconduct proven; solicitor found unfit to practise; application for compensation refused; costs ordered against solicitor.

Orders

  • ['The name of John David Kilrea Sloan be removed from the Roll of Legal Practitioners.' 'John David Kilrea Sloan to pay the costs of the Law Society, including the proceedings on 11 May 1995, on a solicitor/client basis as if assessed by a Supreme Court Costs Assessor.' 'John David Kilrea Sloan to pay the costs of...