Duncan Mark McKenzie Fine [1994] NSWLST 4

The Legal Services Tribunal of New South Wales

CITATION : Duncan Mark McKenzie Fine [1994] NSWLST 4 PARTIES : Duncan Mark McKenzie Fine FILE NUMBER(S) : of 1993 CORAM: Ms A Plotke (Presiding Member) - Mr P. Boesenberg - Mr N. Reidy CATCHWORDS: Professional Misconduct - conviction for offences of dishonesty - Professional Misconduct - forgery - Professional Misconduct - make false statement - Professional Misconduct - fail to act honestly :- LEGISLATION CITED: Legal Profession Act 1987 Ziems v Prothonotary of Supreme Court of New South Wales (1957) 97 CLR 279; Fraser v The Council of the Law Society of New South Wales, Court of Appeal, DR 5/1992 ; The Law Society of New South Wales re Christian Andrew Wardell Hart (DT 21/9/89).; In the matter of Raymond James Luff DR 3/1993 ; CASES CITED: In the matter of Clem Alexander Parbury Court of Appeal No 452 of 1988; The Law Society of NSW v Bannister Court of Appeal DT 1/89; O'Reilly v Law Society of New South Wales the Court of Appeal reported in DR/2 1991; Johns v Law Society (1982) 2 NSW LR1; Winthrop and Smith v Minister for Immigration (1918) 2 ALD 873 at 874 DATES OF HEARING: 2 February 1994 DATE OF JUDGMENT: 05/17/1994 LEGAL REPRESENTATIVES: Mr N. Nicholls (instructed by Mr F.J. Smith) appeared for the Law Society of New South Wales. Mr S.M. Littlemore QC (instructed by Messrs Crichton-Brownes) appeared for the Solicitor.

JUDGMENT:

This complaint was brought by the Council of The Law Society of New South Wales (The Law Society) against Duncan Mark McKenzie Fine (the Solicitor) pursuant to Section 135 of The Legal Profession Act 1987 (the Act) following the Resolution of the Council of The Law Society of 17 June 1993.