Brian Barrington Roberts [1994] NSWLST 18

Brian Barrington Roberts [1994] NSWLST 18

The solicitor knowingly uttered and propounded a forged will, misappropriated trust funds, made false statutory declarations and affidavits in court proceedings, and otherwise acted dishonestly and dishonourably, amounting to grave professional misconduct justifying his removal from the Roll of Solicitors.

Jurisdiction
Australia
Judgment Date
22 December 1994
Procedural Posture
Professional Misconduct / Final Determination
Outcome
guilty of professional misconduct; struck off
Legal Topics
['forgery' 'misappropriation of Trust Money' 'probate' 'false Affidavit' 'breach of Trust' 'professional Misconduct']
['legal Profession' 'professional Discipline'] ['forgery' 'misappropriation of Trust Money' 'probate' 'false Affidavit' 'breach of Trust' 'professional Misconduct']

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

Professional Misconduct / Final Determination

Legal Issues

  1. 1 ['Whether the solicitor was guilty of professional misconduct for uttering a forged will' 'Whether the solicitor misappropriated estate moneys' 'Whether the solicitor made false affidavits and documents to the Supreme Court' 'Whether the solicitor breached trust account regulations']

Ratio Decidendi

The solicitor knowingly uttered and propounded a forged will, misappropriated trust funds, made false statutory declarations and affidavits in court proceedings, and otherwise acted dishonestly and dishonourably, amounting to grave professional misconduct justifying his removal from the Roll of Solicitors.

Court Disposition

guilty of professional misconduct; struck off

Orders

  • ['The name of Brian Barrington Roberts be removed from the Roll of Solicitors in New South Wales.' 'The costs of the Law Society be paid by the solicitor, such costs to be assessed as if by a Supreme Court Costs Assessor pursuant to Part 11 Legal Profession Act.' 'Liberty to apply to the Tribunal for determination...