James Lloyd Hutchison [1992] NSWLST 8

The Legal Services Tribunal of New South Wales

CITATION : James Lloyd Hutchison [1992] NSWLST 8 PARTIES : James Lloyd Hutchison FILE NUMBER(S) : of CORAM: Mr G Williams (Presiding Member) - Mr A Martin - Mr D Mahon CATCHWORDS: Professional Misconduct - gross negligence and delay/gross delay/delay - Professional Misconduct - breach of s. 61 of the Legal Profession Act - Professional Misconduct - fail to act honestly - Professional Misconduct - misappropriate trust moneys/moneys :- LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: DATES OF HEARING: 26/05/92 - 22/09/92 DATE OF JUDGMENT: 09/22/1992 Mr P.R. Garling LEGAL REPRESENTATIVES: Mr F. Smith Mr P.M. Jacobson Messrs Allen Allen & Hemsley

JUDGMENT:

The Legal Profession Disciplinary Tribunal In the matter of James Lloyd Hutchison Reasons for Determination and Orders

Before: Mr G.L. Williams (Presiding Member), Mr A.T. Martin and Mr D. Mahon

This complaint against the conduct of James Lloyd Hutchison ("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 15 August 1991 and in it the Society seeks such orders as to the Tribunal shall seem appropriate (and an order relating to costs) upon the following grounds: 1. The Solicitor has wilfully breached Section 61 of the Legal Profession Act 1987. 2. The Solicitor has wilfully breached Section 62 of the Legal Profession Act 1987. 3. The Solicitor has been guilty of gross negligence. 4. The Solicitor has breached Clause 21 of the Legal Profession Regulation 1987. 5. The Solicitor with Brian Douglas Abbott participated in arrangements, which he knew or ought to have known would evade income tax.