Bryan Ronald Marvin [1994] NSWLST 7

Bryan Ronald Marvin [1994] NSWLST 7

The Tribunal found that Bryan Ronald Marvin was well aware of his conduct, which constituted wilful misappropriation of trust monies and serious breaches of statutory obligations. Despite claims of mental illness, the evidence demonstrated calculated dishonesty for financial benefit. The Tribunal determined that Marvin's conduct was professional misconduct warranting removal from the Roll and an order to pay costs.

Jurisdiction
Australia
Judgment Date
09 June 1994
Procedural Posture
Disciplinary / Final Determination
Outcome
Solicitor removed from Roll; ordered to pay costs.
Legal Topics
['professional Misconduct' 'misappropriation of Trust Monies' 'failure to Keep Accounts' 'breach of Statutory Duties']
['legal Profession' 'professional Discipline'] ['professional Misconduct' 'misappropriation of Trust Monies' 'failure to Keep Accounts' 'breach of Statutory Duties']

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 / Final Determination

Legal Issues

  1. 1 ['Whether Bryan Ronald Marvin committed professional misconduct by misappropriating trust monies.' 'Whether Bryan Ronald Marvin breached sections 61 and 62 of the Legal Profession Act 1987.' 'Whether Bryan Ronald Marvin breached Regulation 8 3(a)(b) of the Legal Profession (Trust Account and Controlled Money) Regulation 1988.' 'Whether Bryan Ronald Marvin failed to keep required accounts.']

Ratio Decidendi

The Tribunal found that Bryan Ronald Marvin was well aware of his conduct, which constituted wilful misappropriation of trust monies and serious breaches of statutory obligations. Despite claims of mental illness, the evidence demonstrated calculated dishonesty for financial benefit. The Tribunal determined that Marvin's conduct was professional misconduct warranting removal from the Roll and an order to pay costs.

Court Disposition

Solicitor removed from Roll; ordered to pay costs.

Orders

  • ['The name of Bryan Roland Marvin be removed from the Roll of Solicitors of New South Wales.' 'The Solicitor pay the costs of the Law Society of New South Wales as if taxed in the Supreme Court of New South Wales on a solicitor and client basis.' 'If agreement cannot be reached as to the amount of such costs either...