Legal Services Commissioner -v- Veneris [2002] NSWADT 135

Legal Services Commissioner -v- Veneris [2002] NSWADT 135

The Tribunal found that the practitioner admitted to a series of dishonest acts, failures to act on instructions, misleading clients and the Commissioner, and disregard of statutory requirements. These behaviours constitute professional misconduct under common law and statute, and render him unfit to be held out as...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
23 August 2002
Procedural Posture
Disciplinary Tribunal / Final Decision
Outcome
Practitioner's name removed from Roll; costs ordered.
Legal Topics
['professional Misconduct' 'dishonesty' 'failure to Act' 'misleading Clients' 'statutory Compliance' 'removal From Roll']
['professional Discipline' 'legal Profession Regulation'] ['professional Misconduct' 'dishonesty' 'failure to Act' 'misleading Clients' 'statutory Compliance' 'removal From Roll']

Source-derived case record

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 Tribunal / Final Decision

Legal Issues

  1. 1 ['whether practitioner is guilty of professional misconduct under common law and the Legal Profession Act 1987' 'whether practitioner is fit to be held out as a member of the legal profession' 'whether conduct amounts to dishonesty, failure to comply with statutory notices, failure to act on instructions, and misleading clients']

Ratio Decidendi

The Tribunal found that the practitioner admitted to a series of dishonest acts, failures to act on instructions, misleading clients and the Commissioner, and disregard of statutory requirements. These behaviours constitute professional misconduct under common law and statute, and render him unfit to be held out as a member of the profession. Protective jurisdiction requires removal from the roll.

Court Disposition

Practitioner's name removed from Roll; costs ordered.

Orders

  • ['The name of James Veneris be and the same is removed from the Roll of Legal Practitioners in New South Wales.' 'The Solicitor to pay the costs of the Office the Legal Services Commissioner as agreed or as assessed.']