Wilson David Cregan [1995] NSWLST 1

The Legal Services Tribunal of New South Wales

CITATION : Wilson David Cregan [1995] NSWLST 1 PARTIES : Wilson David Cregan FILE NUMBER(S) : of 1994 CORAM: Mr W. Macquarie - Ms S. Hale - Mrs J. Bartos CATCHWORDS: Professional Misconduct - misappropriate trust moneys/moneys :- Clerk misappropriated funds from his employer's trust account LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: DATES OF HEARING: 3 July 1995 DATE OF JUDGMENT: 07/03/1995 LEGAL REPRESENTATIVES: Sommerville, Laundry, Lomax & Co., Solicitors of Lismore who acted for the clerk

JUDGMENT:

The clerk misappropriated funds from his employer's trust account. Between January 1991 and June 1993 the clerk caused some 11 cheques to be drawn from various client trust ledger accounts and deposited those cheques into his personal bank accounts. Held: The Tribunal was satisfied that the clerk had been guilty of conduct, which, if the clerk were a solicitor, would have constituted professional misconduct within the meaning of the Act. The Tribunal made the appropriate order pursuant to s. 48I(2).

CHAIRMAN: THE LAW SOCIETY MADE APPLICATION TO THE Tribunal for an order under section 48I(2) of the Legal Profession Act 1987 prohibiting any barrister or solicitor from employing or paying in connection with his or her practice Wilson David Cregan (the clerk).

The clerk did not appear at the hearing. In a letter dated 17 March 1995 addressed to the Tribunal by Sommerville, Laundry, Lomax & Co., Solicitors of Lismore who acted for the clerk, it was stated inter alia:

"Our instructions are to advise that without admitting to any of the matters and allegations against him as contained in informations, affidavits and applications filed in this matter that he chooses not to go into evidence. He has instructed us that he will consent to an order in accordance with paragraph 1 of the orders sought in the summonses. He does not consent to the order made in paragraph 2."