Neil Graham Hughes [1994] NSWLST 6

Neil Graham Hughes [1994] NSWLST 6

The Tribunal was satisfied on the evidence admitted to the requisite standard of proof that Neil Graham Hughes was guilty of professional misconduct in relation to each complaint and the totality of the complaints, and that he was not a fit and proper person to remain on the roll of solicitors in New South Wales.

Jurisdiction
Australia
Judgment Date
21 March 1994
Procedural Posture
Professional Misconduct Complaint Against a Solicitor / Final Determination
Outcome
Complaint upheld; solicitor found guilty of professional misconduct and removed from the roll of solicitors in New South Wales, with costs ordered in favour of the Law Society of New South Wales.
Legal Topics
['professional Misconduct' 'forgery' 'breach of S. 61 of the Legal Profession Act' 'false Statement' 'failure to Act Honestly' 'failure to Keep Accounts' 'misappropriation of Trust Moneys/moneys']
['legal Profession' 'professional Discipline'] ['professional Misconduct' 'forgery' 'breach of S. 61 of the Legal Profession Act' 'false Statement' 'failure to Act Honestly' 'failure to Keep Accounts' 'misappropriation of Trust Moneys/moneys']

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Procedural Posture

Professional Misconduct Complaint Against a Solicitor / Final Determination

Legal Issues

  1. 1 ['Whether the solicitor was guilty of professional misconduct in relation to failures to account, misappropriation of funds, breaches of sections 61.1 and 62.2 of the Legal Profession Act, forgeries and preparation of false wills.' 'Whether the solicitor was a fit and proper person to remain on the roll of solicitors in New South Wales.']

Ratio Decidendi

The Tribunal was satisfied on the evidence admitted to the requisite standard of proof that Neil Graham Hughes was guilty of professional misconduct in relation to each complaint and the totality of the complaints, and that he was not a fit and proper person to remain on the roll of solicitors in New South Wales.

Court Disposition

Complaint upheld; solicitor found guilty of professional misconduct and removed from the roll of solicitors in New South Wales, with costs ordered in favour of the Law Society of New South Wales.

Orders

  • ['That the name of Neil Graham Hughes be and the same is removed from the roll of solicitors in New South Wales.' 'The costs of the Law Society, excluding the costs of the statutory declaration of Frederick John Smith made 22 February 1994, be paid by the solicitor, such costs to be assessed as if taxed in the...