John David Kilrea Sloan [1995] NSWLST 5

The Legal Services Tribunal of New South Wales

CITATION : John David Kilrea Sloan [1995] NSWLST 5 PARTIES : John David Kilrea Sloan FILE NUMBER(S) : of 1994 CORAM: Mr D E Hunt (Presiding Member) - Ms A Plotke - Mr D. Hughes CATCHWORDS: Clerk misappropriated funds from employer's trust account - Professional Misconduct - mislead Court/Tribunal - Professional Misconduct - mislead Law Society/Bar Association/LSC :- wilful breaches of Section 61 & 62 of the Legal Profession Act 1987 participation in a fraud on a Credit Union failure to adequately supervise clerk LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: DATES OF HEARING: 26 April and 1,2,3,4 May 1995 DATE OF JUDGMENT: 05/15/1995 LEGAL REPRESENTATIVES: Mr I. Wales appeared for the Law Society of New South Wales instructed by Mr G.J. Still.. Mr J.L. Glissan QC with Mr R.N. Gye appeared for the Solicitor instructed by Messrs Browne & Partners

JUDGMENT:

Allegations of wilful breaches of Section 61 & 62 of the Legal Profession Act 1987 participation in a fraud on a Credit Union; failure to adequately supervise clerk in respect to the issuing of receipts for money and the banking of money at his office; hindering and obstructing the Society's Investigator in the exercise of his function; endeavouring to mislead the Law Society; endeavouring to mislead the Legal Services Tribunal; swearing a declaration knowing its contents to be false/and or misleading; sharing receipts with a person not the holder of a current practising certificate; that through his Counsel, in answer to a Notice to Attend and Produce Documents, the Solicitor produced to the Tribunal certain documents which he deliberately altered.