Graeme Alan Smith and William Bruce Andrew Munro [1993] NSWLST 13

The Legal Services Tribunal of New South Wales

CITATION : Graeme Alan Smith and William Bruce Andrew Munro [1993] NSWLST 13 PARTIES : Graeme Alan Smith and William Bruce Andrew Munro FILE NUMBER(S) : of CORAM: Mr D E Hunt (Presiding Member) - Mr F Herron - Rear Admiral G. Griffiths CATCHWORDS: Professional Misconduct - mislead client - Professional Misconduct - gross negligence and delay/gross delay/delay - Professional Misconduct - breach of s. 61 of the Legal Profession Act - Professional Misconduct - fail to keep accounts - Professional Misconduct - misappropriate trust moneys/moneys - Professional Misconduct - prefer own interests to those of others :- Legal Profession Act 1987 Workers Compensation Act 1987 LEGISLATION CITED: Legal Practitioners' Act 1898 Bankruptcy Act 1966 Crimes Act 1914 CASES CITED: Fraser v The Law Society (1992) 5LPDR 12 DATES OF HEARING: 26/11/92 - 01/04/93 DATE OF JUDGMENT: 04/01/1993 Mr D. Robinson LEGAL REPRESENTATIVES: Mr F. Smith Mr C. Walker, instructed by Mr T. Glynn, appeared for Graeme Alan Smith. Mr J.A. Griffin, instructed by Mr T. Glynn, appeared for William Bruce Andrew Munro

JUDGMENT:

Legal Profession Disciplinary Tribunal In the matter of Graeme Alan Smith and William Bruce Andrew Munro Determination and Orders

Before: Mr D. Hunt (Presiding Member), Mr F. Herron and Rear Admiral G. Griffiths.

W.B.A Munro Legal Profession Act, 1987 - Section 61 - Wilful contravention - Legal Profession (Trust Accounts and Controlled Money) Regulation 1988 - paragraphs 7, 8, 13 and 14 - Wilful contravention - profession should ensure meticulous compliance with Act and Regulation - solicitor reckless and careless in following practices prohibited after 1 April, 1988 - solicitor fit to continue in practice - fined $4,000.