Law Society of New South Wales -v- Bunyan [1999] NSWADT 38

CITATION: Law Society of New South Wales -v- Bunyan [1999] NSWADT 38

DIVISION: Legal Services

APPLICANT: The Council of the Law Society of New South Wales

RESPONDENT: Bruce James Bunyan

FILE NUMBER: 992003

HEARING DATES: 04/27/1999

SUBMISSIONS CLOSED: 04/27/1999

DATE OF DECISION: 23 June 1999

R J Clisdell Presiding Judicial Member BEFORE: J M Boland - Judicial Member L Bubniuk - Member

PRIMARY LEGISLATION: Legal Profession Act 1987

APPLICATION: Prescribed statutory/professional rules breach; Professional misconduct - solicitor ; Wrongful application of trust/controlled money or other valuable property -

MATTER FOR DECISION: Principal matter

Applicant: D Hipsley of counsel instructed by R J Collins REPRESENTATION: Respondent: T Williams, solicitor

1. The Respondent's name be removed from the Roll of Legal Practitioners as at 27 April 1999. ORDERS: 2. The Respondent pay the agreed costs of the Applicant in the sum of $8,000.00. 3. The costs be paid within twelve months.

1 In these proceedings, the Law Society sought findings that Bruce James Bunyan, whilst practising as a Solicitor, was guilty of professional misconduct on the grounds that: - The Solicitor acted in breach of Section 61 of the Legal Profession Act. (Mr & Mrs Tacca, Smith Estate, Howes Estate, Mr "Lee" and Ms Alexander). - The Solicitor acted in breach of Section 62 of the Legal Profession Act. (Mr & Mrs Tacca, Symcopic, Benson, Mrs Mannik, Howes Estate, "Mr Lee" and Valentine). - The Solicitor acted in breach of Regulation 11 of the Regulations to the Legal Profession Act. ("Mr Lee"). - The Solicitor acted in breach of Regulation 21 of the Regulations to the Legal Profession Act. (Mrs Mannik and "Mr Lee"). - The Solicitor acted in breach of Regulation 23 of the Regulations to the Legal Profession Act. (Mrs Mannik). - The Solicitor acted in breach of Section 46 of the Legal Profession Act (Ms Alexander). - The Solicitor misled or attempted to mislead Mr Napper, a Trust Account Inspector appointed by the Council of the Law Society of New South Wales. (Mr & Mrs Tacca; "Mr Lee" and Campbell, "Lee" & Symcopic). - The Solicitor misled or attempted to mislead the Law Society. (Mrs Mannik, Scheibe and Symcopic). - The Solicitor misled or attempted to mislead Jean Sayer, an investigator appointed pursuant to section 55 of the Legal Profession Act to investigate the affairs of the Solicitor and appointed receiver of the Solicitor's property by order of the Supreme Court of New South Wales pursuant to Section 92 of the Legal Profession Act. ("Mr Lee"). - The Solicitor forged the signatures of clients on a document which he, the Solicitor, had prepared. ("Mr Lee" and Mr Stratton) - The Solicitor aided and abetted a client to hold funds in a false name. ("Mr Lee"). 2 The Informant filed a number of Affidavits setting out their case against the Solicitor. These consisted of an Affidavit by Raymond John Collins, the Manager of the Professional Standards Division of the Law Society of NSW, Terrence Mark Copas, an Administration Officer, in the Inspection and Investigation Department of the Law Society of NSW, Garry Napper, a Trust Account Inspector employed by the Law Society of New South Wales, and Jean Sayer, a Chartered Accountant. Annexed to Jean Sayer's short Affidavit was a lengthy report dated 23 May 1995 in respect of enquiries made by Jean Sayer as a result of an investigation into the practice of the Solicitor. There was a second annexure to that Affidavit, being the report dated 11 December 1995, by Jean Sayer, following her appointment as receiver of the Solicitor's Practice.