Wilson David Cregan [1995] NSWLST 1

Wilson David Cregan [1995] NSWLST 1

The evidence satisfied the Tribunal that Wilson David Cregan, while employed by Stone and Partners, without authority caused cheques to be drawn from multiple client trust ledger accounts and credited to accounts in his name. That conduct, if he were a solicitor, would have constituted professional misconduct within part 10 of the Legal Profession Act 1987, warranting an order under section 48I(2) prohibiting solicitors and barristers from employing or paying him in connection with practice.

Jurisdiction
Australia
Judgment Date
03 July 1995
Procedural Posture
Application Under Section 48 I(2) of the Legal Profession Act 1987 Prohibiting Employment or Payment of a Clerk in Connection With Legal Practice / Final Determination
Outcome
Application granted.
Legal Topics
['misappropriation of Trust Moneys' "solicitors' Trust Account" 'employment of Law Clerk']
['legal Profession Regulation' 'professional Misconduct'] ['misappropriation of Trust Moneys' "solicitors' Trust Account" 'employment of Law Clerk']

Case Brief

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Procedural Posture

Application Under Section 48 I(2) of the Legal Profession Act 1987 Prohibiting Employment or Payment of a Clerk in Connection With Legal Practice / Final Determination

Legal Issues

  1. 1 ["Whether Wilson David Cregan misappropriated funds from client trust ledger accounts within Stone and Partners' trust account." "Whether the clerk's conduct, if he were a solicitor, would have constituted professional misconduct within the meaning of part 10 of the Legal Profession Act 1987." 'Whether an order should be made under section 48I(2) of the Legal Profession Act 1987 prohibiting solicitors and barristers from employing or paying the clerk in connection with practice.']

Ratio Decidendi

The evidence satisfied the Tribunal that Wilson David Cregan, while employed by Stone and Partners, without authority caused cheques to be drawn from multiple client trust ledger accounts and credited to accounts in his name. That conduct, if he were a solicitor, would have constituted professional misconduct within part 10 of the Legal Profession Act 1987, warranting an order under section 48I(2) prohibiting solicitors and barristers from employing or paying him in connection with practice.

Court Disposition

Application granted.

Orders

  • ['Solicitors and barristers are prohibited from employing or paying in connection with his or her practice Wilson David Cregan, a clerk.' 'The clerk pay the costs of the Law Society and liberty is granted to the parties to refer the matter back to the Tribunal if the parties are unable to agree on the quantum of the...