Michael John Charles Caiger [1993] NSWLST 14

Michael John Charles Caiger [1993] NSWLST 14

Leave was granted because, despite the seriousness of the Applicant's dishonesty offences, the Tribunal was comfortably satisfied that the proposed employment would not materially increase risk to the public or undermine public confidence. The proposed role was confined to office management systems, involved no legal or paralegal work, no client contact about matters, no access to practice accounting passwords, and general supervision by Paul Anthony Curtis or another partner. The Tribunal accepted the Applicant's evidence of genuine contrition, voluntary confession before detection, prompt restitution with interest, cooperation with police, otherwise unblemished record, and persuasive...

Jurisdiction
Australia
Judgment Date
08 November 1993
Procedural Posture
Application Under Section 121 of the Legal Profession Act 1987 for Leave to Be Employed and Paid in Connection With the Practice of a Solicitor / Determination by the Legal Services Tribunal of New South Wales After Hearing
Outcome
Application granted; no order as to costs.
Legal Topics
["leave for Person Convicted of Indictable Offences to Be Employed in Solicitor's Practice" 'protection of the Public' 'public Confidence in the Legal Profession' 'dishonesty Offences' "conditions on Employment in a Solicitor's Practice"]
['legal Profession Regulation' 'professional Conduct' 'administrative Law'] ["leave for Person Convicted of Indictable Offences to Be Employed in Solicitor's Practice" 'protection of the Public' 'public Confidence in the Legal Profession' 'dishonesty Offences' "conditions on Employment in a Solicitor's Practice"]

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Procedural Posture

Application Under Section 121 of the Legal Profession Act 1987 for Leave to Be Employed and Paid in Connection With the Practice of a Solicitor / Determination by the Legal Services Tribunal of New South Wales After Hearing

Legal Issues

  1. 1 ['Whether Michael John Charles Caiger, who had been convicted of indictable offences involving forgery, uttering and misappropriation of funds, should be granted leave under Section 121 of the Legal Profession Act 1987 to be employed and paid in connection with the practice of Paul Anthony Curtis.' 'Whether the proposed employment would materially increase risk to the public or undermine public confidence in the law and the profession.' "Whether leave should be granted subject to conditions limiting the nature of the applicant's work and supervision."]

Ratio Decidendi

Leave was granted because, despite the seriousness of the Applicant's dishonesty offences, the Tribunal was comfortably satisfied that the proposed employment would not materially increase risk to the public or undermine public confidence. The proposed role was confined to office management systems, involved no legal or paralegal work, no client contact about matters, no access to practice accounting passwords, and general supervision by Paul Anthony Curtis or another partner. The Tribunal accepted the Applicant's evidence of genuine contrition, voluntary confession before detection, prompt restitution with interest, cooperation with police, otherwise unblemished record, and persuasive...

Court Disposition

Application granted; no order as to costs.

Orders

  • ['Leave pursuant to Section 121 of the Legal Profession Act 1987 was given to Michael John Charles Caiger to be employed and paid in connection with the practice of Paul Anthony Curtis as a consultant for a period of six months from commencement of employment or for such longer period as may be necessary to fully...