Michael John Baumann [1992] NSWLST 2

The Legal Services Tribunal of New South Wales

CITATION : Michael John Baumann [1992] NSWLST 2 PARTIES : Michael John Baumann FILE NUMBER(S) : of CORAM: Mr D Patten (Presiding Member) - Ms A Plotke - Dr U. Gault CATCHWORDS: Professional Misconduct - misappropriate trust moneys/moneys :- LEGISLATION CITED: Legal Practitioners' Act 1898 CASES CITED: DATES OF HEARING: 26/03.92 - 14/07/92 DATE OF JUDGMENT: 07/14/1992 Mr P.R. Garling LEGAL REPRESENTATIVES: Mr A.P. Whitlam QC Mr P.G. Mahony

JUDGMENT:

In the Legal Profession Disciplinary Tribunal In the matter of Michael John Baumann

Reasons for Determination and Orders Before: Judge D.L. Patten (Presiding Member), Miss A. Plotke and Dr U. Gault

Appearances: Mr P.R. Garling for the Law Society of New South Wales and Mr A.P. Whitlam QC and Mr P.G. Mahony for the Solicitor. This matter has had a regrettable history. It was initiated by a complaint of the Law Society of New South Wales (the "Law Society") dated 31 July 1989 a copy of the complaint and particulars are annexed hereto marked "A". [Note: Complaint and particulars are not attached to this publication.] The complaint was heard before a Tribunal comprising Mr A.J. Mitchell (Chairman), Dr U. Gault and Mr D.L. Patten on 26 and 27 March 1990. At the conclusion of the hearing the Tribunal reserved its decision.

Before judgment could be given Mr Mitchell died. Thereafter the progress of the matter was again delayed for reasons which need not be further enumerated. Suffice to say that by consent of the parties the record of the previous hearing was tendered as an exhibit before a Tribunal differently constituted and on 18 May 1992 the new member of that Tribunal, Miss Plotke, questioned the Solicitor on oath, he was further cross examined by Mr Garling, Counsel for the Law Society and re examined by Mr Whitlam QC, Senior Counsel for the Solicitor. Thereafter some further evidence was given in the Solicitor's case, both Counsel addressed the Tribunal and it then reserved its decision.