Francis William Bannister [1990] NSWLST 7

The Legal Services Tribunal of New South Wales

CITATION : Francis William Bannister [1990] NSWLST 7 PARTIES : Francis William Bannister FILE NUMBER(S) : of CORAM: Mr G Williams (Presiding Member) - Mr D F Castle - Mr D Mahon CATCHWORDS: Professional Misconduct - mislead client - Professional Misconduct - fail to act honestly - Professional Misconduct - wilfully breach a court order :- Legal Profession Act 1987 LEGISLATION CITED: Legal Practitioners' Act 1898 Workers Compensation Act 1926 CASES CITED: DATES OF HEARING: 10/04/90 - 18/10/90 DATE OF JUDGMENT: 10/18/1990 Mr G.C. Lindsay LEGAL REPRESENTATIVES: Ms Rosemary MacDougal Mr P.W. Taylor Messrs Allen Allen & Hemsley

JUDGMENT:

THE LEGAL PROFESSION DISCIPLINARY TRIBUNAL IN THE MATTER of FRANCIS WILLIAM BANNISTER DETERMINATION AND ORDERS

Before: Mr G.L. Williams (Presiding Member), Mr D.F. Castle and Mr D. Mahon Appearances: Mr G.C. Lindsay instructed by Ms Rosemary MacDougal for the Law Society; Mr P.W. Taylor instructed by Messrs Allen Allen & Hemsley for the Solicitor.

This complaint against the conduct of Francis William Bannister ("the Solicitor") was made to the Legal Profession Disciplinary Tribunal ("the Tribunal") pursuant to the provisions of Section 135 of the Legal Profession Act 1987 by the Council of the Law Society of New South Wales ("the Society"). The Complaint is dated 31 January 1989 and was amended by an Amended Complaint dated 20 December 1989 with the consent of the Solicitor and by leave of the Tribunal. The Society seeks against the Solicitor such orders pursuant to Section 163 of the Legal Profession Act 1987 and such further or other orders as the Tribunal shall consider appropriate and an order for costs upon the following grounds: 1. Wilful breach of Section 42(2) of the Legal Practitioners Act 1898, 2. Wilful misleading of one of his clients, 3. Breach of Section 56(2) of the Workers Compensation Act 1926, and 4. Retention from a Compensation Court award of an amount for costs to which he was not entitled under that award.