Law Society of New South Wales -v- Kirkpatrick [2001] NSWADT 211

CITATION: Law Society of New South Wales -v- Kirkpatrick [2001] NSWADT 211 DIVISION: Legal Services Division APPLICANT PARTIES: Council of the Law Society of New South Wales RESPONDENT Francis Clunes Kirkpatrick FILE NUMBER: 012006 HEARING DATES: 25/10/2001 SUBMISSIONS CLOSED: 10/25/2001 DATE OF DECISION: 12/12/2001

BEFORE: Hale S - Judicial Member; Officer D QC - Judicial Member; Klika D - Member APPLICATION: Professional Misconduct - breach of s. 61 of the Legal Profession Act - Professional Misconduct - misappropriate trust moneys/moneys MATTER FOR DECISION: Principal matter LEGISLATION CITED : Administrative Decisions Tribunal Rules (Transitional) Regulation 1998 Legal Profession Act 1987 Allinson v. General Council of Medical Education and Registration (1840) 1 QB 750 Kennedy v. The Council of the Incorporated Law Institute of New South Wales (1939) 13 ALJ 563 CASES CITED: Re Hodgekiss (1962) 79 WN NSW 340 Re Mayes and Legal Practitioners Act 1974 1 NSWLR 19 Law Society of New South Wales v. Jones (unreported Court of Appeal NSW, 27 July 1978) Dupal v. Law Society of New South Wales (unreported Court of Appeal NSW, 26 April 1990) APPLICANT REPRESENTATION: L Pierotti, solicitor RESPONDENT No appearance ORDERS: 1. That the name of Francis Clunes Kirkpatrick be removed from the Roll of Legal Practitioners in New South Wales; 2. That Francis Clunes Kirkpatrick pay the costs of the Applicant of and incidental to these proceedings.