Robert Wilcox Gillroy [1998] NSWLST 1

Robert Wilcox Gillroy [1998] NSWLST 1

The solicitor engaged in repeated wilful contraventions of trust account regulations and misused partnership and client monies, sometimes under a mistaken belief as to entitlement, and thereby committed professional misconduct under the Legal Profession Act and common law.

Parties
Solicitor: Robert Wilcox Gillroy; Applicant: Law Society
Jurisdiction
Australia
Judgment Date
24 July 1998
Procedural Posture
Professional Misconduct Hearing / Final Determination
Outcome
Professional misconduct established; solicitor not removed from Roll but subject to strict conditions.
Legal Topics
Breach of S.61 of the Legal Profession Act, Misappropriation of Trust Moneys, Trust Account Requirements, Partnership Disputes, Costs and Disbursements, Overpayment Handling
Legal Profession Professional Misconduct Breach of S.61 of the Legal Profession Act Misappropriation of Trust Moneys Trust Account Requirements Partnership Disputes Costs and Disbursements Overpayment Handling

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Parties

Robert Wilcox Gillroy

Solicitor

Law Society

Applicant

Procedural Posture

Professional Misconduct Hearing / Final Determination

Legal Issues

  1. 1 Did the solicitor wilfully contravene s.61 Legal Profession Act 1987?
  2. 2 Was there misappropriation of trust moneys?
  3. 3 Did the solicitor breach trust account regulations?

Ratio Decidendi

The solicitor engaged in repeated wilful contraventions of trust account regulations and misused partnership and client monies, sometimes under a mistaken belief as to entitlement, and thereby committed professional misconduct under the Legal Profession Act and common law.

Court Disposition

Professional misconduct established; solicitor not removed from Roll but subject to strict conditions.

Orders

  • The solicitor to satisfactorily complete an Ethics Course and a Bookkeeping and Accounting course for solicitors within six months.
  • The solicitor to disclose all relevant documents and co-operate with a solicitor appointed by the Law Society for investigation and possible repayment of client monies.