Dennis James Newby [1993] NSWLST 17

The Legal Services Tribunal of New South Wales

CITATION : Dennis James Newby [1993] NSWLST 17 PARTIES : DENNIS JAMES NEWBY FILE NUMBER(S) : of 1993 CORAM: Mr C. Robison(Presiding Member) - Mr N. Reidy - Mr P. Boesenberg Professional Misconduct - fail to act honestly - Professional Misconduct - fail to keep accounts - Professional Misconduct - misappropriate trust moneys/moneys :- misappropriation of funds cancellation of practising certificate CATCHWORDS: theft and trust account deficiencies

LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: Ex parte Macaulay (1930) 30 SR (NSW) DATES OF HEARING: DATE OF JUDGMENT: 10/02/1993 LEGAL REPRESENTATIVES: Mr I. Wales (instructed by Mr L.W. Pierotti, Solicitor), appeared for the Council of the Law Society of New South Wales. There was no appearance by, or on behalf of, Mr Newby.

JUDGMENT:

This is a complaint brought by the Council of the Law Society of New South Wales ("Council") of its own motion under Section 135 of the Legal Profession Act 1987 ("the Act"). Section 135 of the Act empowers that Council to make a complaint to this Tribunal against any legal practitioner "if it appears to the Council that the legal practitioner may be guilty of unsatisfactory professional conduct or professional misconduct".

The complaint relied upon by the Council is dated 24 June 1993 ("the Complaint") and seeks the following orders:1. that the name of the legal practitioner be removed from the Roll of Solicitors; and 2. that the solicitor [sic] pay the costs of and incidental to these proceedings.

The particulars on page 1 allege that "the solicitor is not of good character and is not a fit and proper person to remain on the Roll of Solicitors", and this particular is supplemented by five further particulars on page 3. Those particulars record: