Peter George Star Carver [1996] NSWLST 12

Peter George Star Carver [1996] NSWLST 12

The Solicitor's repeated wilful breaches of trust account and controlled money obligations, undue delay across numerous client matters, failure to comply with Standards Board orders, preparation of a misleading statutory declaration, and deliberately false or misleading evidence to the Tribunal showed lack of competence, honesty and integrity. The Tribunal was not confident that the public, courts or other practitioners could trust him, and therefore striking off was the appropriate penalty.

Jurisdiction
Australia
Judgment Date
23 December 1996
Procedural Posture
Professional Disciplinary Proceedings / Final Determination After Hearing
Outcome
Professional misconduct found on seven grounds and unsatisfactory professional conduct found on four grounds; the Solicitor was struck off.
Legal Topics
['professional Misconduct' 'unsatisfactory Professional Conduct' 'trust Account and Controlled Money Breaches' 'delay in Client Matters' 'misleading the Tribunal' 'failure to Comply With Standards Board Orders' 'fitness to Practise' 'striking Off']
['legal Profession Regulation' 'professional Discipline'] ['professional Misconduct' 'unsatisfactory Professional Conduct' 'trust Account and Controlled Money Breaches' 'delay in Client Matters' 'misleading the Tribunal' 'failure to Comply With Standards Board Orders' 'fitness to Practise' 'striking Off']

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Procedural Posture

Professional Disciplinary Proceedings / Final Determination After Hearing

Legal Issues

  1. 1 ['Whether the Solicitor failed to comply with orders of the Legal Profession Standards Board.' 'Whether the Solicitor wilfully contravened trust money obligations under Section 61(1) and Section 61(2) of the Legal Profession Act.' 'Whether the Solicitor breached Trust Account and Controlled Money Regulations.' "Whether the Solicitor unduly delayed the conduct of clients' matters." 'Whether the Solicitor prepared a misleading statutory declaration.' 'Whether the Solicitor misled or attempted to mislead the Tribunal in his evidence.' 'Whether the Solicitor was a fit and proper person to remain on the Roll of Legal Practitioners.']

Ratio Decidendi

The Solicitor's repeated wilful breaches of trust account and controlled money obligations, undue delay across numerous client matters, failure to comply with Standards Board orders, preparation of a misleading statutory declaration, and deliberately false or misleading evidence to the Tribunal showed lack of competence, honesty and integrity. The Tribunal was not confident that the public, courts or other practitioners could trust him, and therefore striking off was the appropriate penalty.

Court Disposition

Professional misconduct found on seven grounds and unsatisfactory professional conduct found on four grounds; the Solicitor was struck off.

Orders

  • ['The practising certificate of Peter George Star Carver be cancelled.' 'The name of Peter George Star Carver be removed from the Roll of Legal Practitioners.']