Steven Robert McAneny [1992] NSWLST 14

The Legal Services Tribunal of New South Wales

CITATION : Steven Robert McAneny [1992] NSWLST 14 PARTIES : Steven Robert McAneny FILE NUMBER(S) : of CORAM: Ms A Plotke (Presiding Member) - Mr G B Molloy - Dr U. Gault CATCHWORDS: Professional Misconduct - gross overcharging of client - Professional Misconduct - breach of s. 61 of the Legal Profession Act - Professional Misconduct - misappropriate trust moneys/moneys - Professional Misconduct - prepare false documents :- LEGISLATION CITED: Legal Profession Act 1987 Dupal v Law Society (26 April 1991); Law Society of New South Wales v Jones, (unreported) 27 July 1978); CASES CITED: Jauncey v Law Society of New South Wales (1989 Supplement Law Society Journal); see Fraser v Law Society (1992); Allinson v General Council of Medical Education and Registration (1894) DATES OF HEARING: 23/06/92 - 08/09/92 DATE OF JUDGMENT: 09/08/1992 LEGAL REPRESENTATIVES: Mr B. Murdoch Mr R. Cuddy of Messrs Stewart Cuddy & Mockler

JUDGMENT:

The Legal Profession Disciplinary Tribunal In the matter of Steven Robert McAneny

Judgment Before: Ms A. Plotke (Presiding Member), Mr G.B. Molloy, and Dr U. Gault.

Appearances: Mr B. Murdoch, Solicitor for the Law Society of NSW; Mr R. Cuddy, Solicitor, of Messrs Stewart Cuddy & Mockler, for the Solicitor.

Hearing date: 23 June 1992.

At the commencement of this matter, the Solicitor conceded that he was guilty of professional misconduct and admitted the factual circumstances as pleaded by the Law Society in its Complaint filed with the Tribunal on 29 March 1992. However, during the course of the hearing, it became clear that, notwithstanding the admissions, one of the complaints (that relating to alleged overcharging and as set out in paragraph 1(b)(ii) of the Complaint) could not be supported and the Society withdrew that portion of the Complaint. The balance of the Complaint was properly admitted and is supported by appropriate evidence. Those complaints can be conveniently summarised as follows: