THE PROTHONOTARY OF THE SUPREME COURT OF NEW SOUTH WALES v CHAPMAN [1992] NSWCA 292

THE PROTHONOTARY OF THE SUPREME COURT OF NEW SOUTH WALES v CHAPMAN

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

PRIESTLEY, CLARKE and CRIPPS JJA 29-30 September 1992, 1 October 1992, 14 December 1992

[1992] NSWCA 292

The appellant sought declarations that the respondent was not of good fame and character, was not a fit and proper person to remain on the roll of solicitors and was guilty of professional misconduct. An order was sought to remove the respondent's name from the roll of solicitors.

The grounds relied upon principally involve the conviction of the respondent of keeping a brothel and being involved in its financial administration. Other grounds include the respondent making false declarations in registering a business name; allowing clients to use false names and operating in a fictitious name himself; failing to properly advise clients and holding inadequate knowledge himself; operating a client account for the purposes of another client in order to conceal certain facts from banks and government departments; displaying a lack of candour before the Court and using clients' moneys to repay a debt owed to himself. Held: The respondent's conduct was unsatisfactory and required a reprimand. The respondent to pay the costs of the proceedings. Per Cripps JA: If all that was established was that the respondent was the keeper of a brothel his Honour would have dismissed the summons. The respondent had gone further in his misleading application under the Business Names Act, his use of false names in opening and operating a bank account and allowing one client to use another client's account.

Legal Profession Act 1987 s125, 135, s158, s164. Business Names Act

Wentworth v Bar Association of New South Wales (1992) 66 ALJR 360 Weaver v The Law Society of New South Wales (1979) 142 CLR 201