RADIN v THE LAW SOCIETY OF NEW SOUTH WALES [1997] NSWCA 257

RADIN v THE LAW SOCIETY OF NEW SOUTH WALES

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

Mason P, PRIESTLEY JA and MEAGHER JA 23 April, 14 May 1997

[1997] NSWCA 257

In proceedings in the Legal Profession Disciplinary Tribunal, the appellant was found guilty of professional misconduct and his name was ordered to be removed from the Roll of solicitors. The proceedings arose out of several complaints made to the Law Society concerning the appellant's practice as a solicitor, including the handling of trust monies.

The appellant appealed to the Supreme Court pursuant to s164 Legal Profession Act 1987, and exercised his right to have the appeal heard as a new hearing on fresh evidence. Spender AJ, Common Law Division, dismissed the appeal and the appellant appealed to this Court from that decision.

ON APPEAL, the appellant challenged the trial judge's findings on several of the complaints to the Law Society. He conceded that it was appropriate he should have been struck off but sought to mitigate the seriousness of the findings of Spender AJ concerning the breaches of ss61,62 Legal Profession Act 1987 in the event that he may seek to be readmitted in the future.

Held; Appeal dismissed:

The trial judge had not erred in making adverse findings against the appellant related to the various grounds of complaint challenged on appeal. The seriousness of the misconduct revealed in the unchallenged findings (concerning breaches of ss61,62 Legal Profession Act 1987) remains undiminished, and even if these breaches stood alone, they would merit removal from the Roll.

Discussion of procedure to protect appellant's right (if readmission sought) to challenge certain findings of Spender AJ which Court of Appeal did not find it necessary to address.

Mason P, Priestley JA and Meagher JA. In 1982 the appellant was admitted to the Roll of Solicitors and issued with a Practising Certificate. He commenced practice as a sole practitioner. On 11 September 1992 a receiver was appointed to the appellant's practice by the Law Society. Pursuant to s 135 of the Legal Profession Act 1987 ('the Act') the Law Society complained to the Legal Profession Disciplinary Tribunal, contending that the appellant was guilty of professional misconduct. Following a lengthy hearing in late 1993 the Tribunal issued its determination and orders on 23 December 1993. It was ordered that the appellant's name be removed from the Roll of Solicitors and that the appellant pay the costs of the Law Society of the proceedings before the Tribunal.