NSW Caselaw
CITATION: Council of the Law Society of New South Wales v Halligan [2009] NSWADT 317
DIVISION: Legal Services Division
Applicant: Council of the Law Society of New South Wales PARTIES: Respondent: Brenton Christopher Halligan
FILE NUMBER: 082011
HEARING DATES: 21, 22 and 23 September 2009
SUBMISSIONS CLOSED: 23 September 2009
DATE OF DECISION: 18 December 2009
BEFORE: Chesterman M - Deputy President; Molloy G - Judicial Member; Bennett C - Non-Judicial Member
CATCHWORDS: Solicitor – professional misconduct – wilful breaches of Legal Profession Act 1987, sections 61 and 62 – misappropriation – undue reliance on honesty of employed bookkeeper – failure to maintain system for checking withdrawals from controlled money accounts – failure to maintain accounting records – improper investment of client's funds
Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Legal Profession Act 1987 Legal Profession Act 2004 Legal Profession Regulation 1994
Allinson v General Council of Medical Education and Registration [1894] 1 QB 750 Council of the New South Wales Bar Association v Einfeld [2009] NSWCA 255 CASES CITED: Law Society of New South Wales v Hansen [2004] NSWADT 183 Re Mayes and the Legal Practitioners Act [1974] 1 NSWLR 19 A Solicitor v Council of the Law Society of New South Wales (2003) 216 CLR 253
Applicant Representative: S Barnes, barrister REPRESENTATION: Respondent Representative: T Healey, barrister
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