PROTHONOTARY OF THE SUPREME COURT OF NEW SOUTH WALES v CHARLES FILGATE GILES [1988] NSWCA 118

PROTHONOTARY OF THE SUPREME COURT OF NEW SOUTH WALES v CHARLES FILGATE GILES

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY ACJ, SAMUELS AP AND MCHUGH JA 25 June 1988, 25 June 1988 [1988] NSWCA 118

LEGAL PRACTITIONERS removal from roll — removal from roll in ACT — concurrent application to be restored there — prothonotary applies for removal of name from NSW roll — whether Court should delay its proceeding pending resolution of ACT application, held: (1) Having regard to evidence and admissions in ACT proceedings name should be removed from roll in NSW; (2) Whether later application for restoration of name should be granted if successful in ACT will depend upon merits and evidence of fitness then shown. The Court defends the public and the high standards of the profession in NSW.

Kirby ACJ The prothonotary, who has the care and control of records relating to admission of persons as barristers and, solicitors of this Court, moves the Court by summons for the removal from the roll of solicitors of the name of Charles Filgate Giles. Mr Giles was admitted as a barrister of the Court on 22 July 1977. On 6 November 1981 his name was removed from the roll of barristers at his own request. On that date he was admitted as a solicitor of the Court. He remains on the roll of solicitors of this Court to this day.

Mr Giles practised in the Australian Capital Territory. He was on the roll of barristers and solicitors of the Supreme Court of that Territory when, on 21 September 1984, a report was delivered to the President and Members of the Council of The Law Society of the Australian Capital Territory by Miss Jean Sayer, chartered accountant. Miss Sayer reported on certain irregularities in the trust account maintained by Mr Giles. Counsel for the prothonotary has placed Miss Sayer's report before the the Court.