Peter George Star Carver [1996] NSWLST 12

The Legal Services Tribunal of New South Wales

CITATION : Peter George Star Carver [1996] NSWLST 12 PARTIES : Peter George Star Carver FILE NUMBER(S) : of 1995 CORAM: Mr J Brennan (Chairman) - Mr R. Clisdell - Mr I. Ferguson Competence and diligence - Professional Misconduct - mislead Court/Tribunal - Professional Misconduct - fail to meet undertaking of Law Society/Bar :- breaches of Trust Account & Controlled Money regulations CATCHWORDS: delay & misleading conduct. LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: Law Society of NSW v Foreman 34 NSWLR 408 DATES OF HEARING: Hearing days: 12 & 13 February 1996, 1 & 2 April 1996, 26 & 27 August 1996: Procedural Application 17 May 1996. DATE OF JUDGMENT: 12/23/1996 Mr D Hipsley instructed by Mr L Pierotti for the Law Society of NSW; LEGAL REPRESENTATIVES: Mr R Skiller instructed by Star Carver & Co for the Solicitor

JUDGMENT:

Solicitor appeared before the Standards Board and was ordered to undertake a course of study and complete certain matters. He was also to be subject to periodic inspections by the Law Society. The Solicitor failed to complete matters as ordered and upon inspection over a period of twelve months a number of other serious matters including breaches of Trust Account & Controlled Money regulations, delay, & misleading conduct were reported to the Society. Most factual matters were admitted and explanations were given. Solicitor misled the Tribunal in giving evidence. Findings of professional misconduct and unsatisfactory conduct. Questions of general competence and fitness to practice considered. Solicitor struck off. Complaint(s) By information filed on 6 October 1994 the Law Society referred to the Tribunal a number of allegations of professional misconduct and unsatisfactory professional conduct against the solicitor. The grounds of complaint are set out later in this determination.