Charles Edward Austin-Woods [1992] NSWLST 1

Charles Edward Austin-Woods [1992] NSWLST 1

The Tribunal found that Charles Edward Austin-Woods was guilty of professional misconduct due to willful breach of s.61(1) (Barrett matter), gross negligence in relation to loans for client Kier, and technical and adverse findings relating to trust account and procedural failures. However, some breaches were not found to be wilful and findings did not extend to removal from the Roll or further restrictions on practice. A fine and costs were imposed as appropriate penalties.

Jurisdiction
Australia
Judgment Date
21 February 1992
Procedural Posture
Disciplinary Proceeding / Determination and Orders
Outcome
Solicitor found guilty of professional misconduct. Fine and costs imposed. No removal from Roll or restriction on practice.
Legal Topics
['professional Misconduct' 'trust Account Breaches' 'failure to Keep Clients Advised' 'delay' 'costs Without Authority' 'breach of Confidentiality' 'failure to Keep Accounts' 'gross Negligence']
['legal Profession Law' 'professional Discipline'] ['professional Misconduct' 'trust Account Breaches' 'failure to Keep Clients Advised' 'delay' 'costs Without Authority' 'breach of Confidentiality' 'failure to Keep Accounts' 'gross Negligence']

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Procedural Posture

Disciplinary Proceeding / Determination and Orders

Legal Issues

  1. 1 ['Whether the solicitor breached section 61(1) of the Legal Profession Act (wilful trust account breaches)' 'Whether the solicitor failed to provide statements of account to clients as required by regulation' 'Whether the solicitor was guilty of delay amounting to professional misconduct' 'Whether solicitor’s conduct in placing an advertisement breached client confidentiality' 'Whether the solicitor improperly charged costs as executor not authorised by will' 'Whether the solicitor failed to keep accounting records as required' 'Whether the solicitor was grossly negligent in the management of client affairs']

Ratio Decidendi

The Tribunal found that Charles Edward Austin-Woods was guilty of professional misconduct due to willful breach of s.61(1) (Barrett matter), gross negligence in relation to loans for client Kier, and technical and adverse findings relating to trust account and procedural failures. However, some breaches were not found to be wilful and findings did not extend to removal from the Roll or further restrictions on practice. A fine and costs were imposed as appropriate penalties.

Court Disposition

Solicitor found guilty of professional misconduct. Fine and costs imposed. No removal from Roll or restriction on practice.

Orders

  • ['The Solicitor Charles Edward Austin-Woods is guilty of professional misconduct.' 'The Solicitor pay a fine of $5,000.00 within 28 days.' 'The Solicitor pay the costs of the Law Society such costs to be assessed on a solicitor and client basis as if taxed in the Supreme Court.' 'If an agreement cannot be reached...