Law Society of New South Wales -V- Roberts [1998] ADT

Law Society of New South Wales -V- Roberts [1998] ADT

Michael Harley Roberts failed, without reasonable excuse, to comply with a statutory requirement under section 152(1) of the Legal Profession Act 1997 (NSW), constituting professional misconduct under section 152(4), justifying reprimand, fine, periodic inspection, risk management training, and potential suspension.

Jurisdiction
Australia
Judgment Date
23 November 1998
Procedural Posture
Professional Misconduct Proceeding / Judgment
Outcome
solicitor reprimanded, fined, periodic inspection ordered, required to attend risk management course, costs ordered
Legal Topics
['failure to Comply With Notice Under Legal Profession Act' 'professional Misconduct' 'disciplinary Proceedings']
['legal Profession Regulation'] ['failure to Comply With Notice Under Legal Profession Act' 'professional Misconduct' 'disciplinary Proceedings']

Case Brief

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Procedural Posture

Professional Misconduct Proceeding / Judgment

Legal Issues

  1. 1 ['Did Michael Harley Roberts fail, without reasonable excuse, to comply with a notice under section 152(1) of the Legal Profession Act 1997 (NSW)?' 'Does such failure constitute professional misconduct under section 152(4) of the Act?']

Ratio Decidendi

Michael Harley Roberts failed, without reasonable excuse, to comply with a statutory requirement under section 152(1) of the Legal Profession Act 1997 (NSW), constituting professional misconduct under section 152(4), justifying reprimand, fine, periodic inspection, risk management training, and potential suspension.

Court Disposition

solicitor reprimanded, fined, periodic inspection ordered, required to attend risk management course, costs ordered

Orders

  • ['Solicitor is publicly reprimanded.' "Solicitor's practice subject to periodic inspection for 12 months, once every two months, at solicitor's expense." 'Solicitor to pay a fine of $8,000 within 12 months.' 'Solicitor to be suspended if fine not paid within 12 months, suspension to continue until payment.'...