Council of the Law Society of New South Wales v Duncan [2024] NSWCA 147

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Duncan [2024] NSWCA 147 Hearing dates: On the papers Date of orders: 17 June 2024 Decision date: 17 June 2024 Before: Ward P; Kirk JA; Basten AJA Decision: (1) Declare that the respondent, Nigel Ian Duncan, is not a fit and proper person to remain on the Roll of Australian Lawyers. (2) Order that the name of Nigel Ian Duncan be removed from the Roll of Australian Lawyers. (3) Order that the respondent pay the applicant's costs of these proceedings, as agreed or assessed. Catchwords: LEGAL PRACTITIONERS – disciplinary proceedings – misappropriation of large sum from solicitors' trust account – conduct extending over six years – failure to make full and frank disclosure when conduct exposed – practitioner convicted of fraud offences –sentenced of imprisonment served – whether fit and proper person to be on the Roll of Australian Lawyers Legislation Cited: Crimes Act 1900 (NSW), s 192E Evidence Act 1995 (NSW), s 91 Legal Profession Uniform Law (NSW), ss 264, 370, 466 Cases Cited: A Solicitor v Council of the Law Society of New South Wales (2004) 216 CLR 253; [2004] HCA 1 Council of the Law Society of New South Wales v Green [2022] NSWCA 257 Council of the Law Society of New South Wales v Parente [2019] NSWCA 33 Council of the Law Society of New South Wales v Zhukovska (2020) 102 NSWLR 655; [2020] NSWCA 163 Council of the NSW Bar Association v Power (2008) 71 NSWLR 451; [2008] NSWCA 135 Hilton v Legal Profession Admission Board [2017] NSWCA 232 R v Duncan [2019] NSWDC 852 Southern Law Society v Westbrook (1910) 10 CLR 609 Category: Principal judgment Parties: The Council of the Law Society of New South Wales (Applicant) Nigel Ian Duncan (Respondent) Representation: Counsel: M P Nesbeth (Applicant)