Law Society of New South Wales -v- Brooke [2001] NSWADT 105

CITATION: Law Society of New South Wales -v- Brooke [2001] NSWADT 105 DIVISION: Legal Services Division APPLICANT PARTIES: Council of the Law Society of New South Wales RESPONDENT Peter John Newton Brooke FILE NUMBER: 002014 HEARING DATES: 23/04/2001, 24/04/2001 SUBMISSIONS CLOSED: 04/24/2001 DATE OF DECISION: 06/21/2001

BEFORE: Vass CB -Judicial Member at 1; Foster GF - Judicial Member at 1; O'Neill A - Member at 1 APPLICATION: Professional Misconduct - breach of duty - Professional Misconduct - breach of duty of trust - Professional Misconduct - breach of regulation 33 of Legal Profession Act (Trust Accounts and Controlled Money Regulations) 1994 - Professional Misconduct - breach of s. 61 of the Legal Profession Act - Professional Misconduct - fail to comply with s. 152 Notice - Professional Misconduct - party of scheme to bypass rule 86 of Queensland Law Rule 1987 - Professional Misconduct - prefer interests of certain contributors to the interests of others MATTER FOR DECISION: Principal matter LEGISLATION CITED : Legal Profession Act 1987 CASES CITED: Law Society of New South Wales v Foreman (1994) 34 NSWLR 408 Re Hodgekiss (1962) 79 WN(NSW) 163 APPLICANT REPRESENTATION: R Stitt QC, barrister RESPONDENT No appearance ORDERS: 1 That the name of Peter John Newton Brooke be removed from the roll of legal practitioners; 2 That the solicitor pay the costs of the Law Society of and incidental to the filing and hearing of this information and that such costs be assessed or as agreed.