Adrian Denis Nation (a Clerk) [1993] NSWLST 9

The Legal Services Tribunal of New South Wales

CITATION : Adrian Denis Nation (a Clerk) [1993] NSWLST 9 PARTIES : Adrian Denis Nation (a Clerk) FILE NUMBER(S) : of CORAM: Mr C. Robison(Chairman) - Mr A. Edgar - Dr U. Gault CATCHWORDS: Professional Misconduct - mislead Solicitor - Professional Misconduct - mislead client - Professional Misconduct - make false statement :- LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: DATES OF HEARING: 16/06/93 - 19/07/93 DATE OF JUDGMENT: 07/19/1993 LEGAL REPRESENTATIVES: Mr D. Hipsley Mr F. Smith

JUDGMENT:

LEGAL PROFESSION DISCIPLINARY TRIBUNAL IN THE MATTER OF ADRIAN DENIS NATION (a clerk) DETERMINATION AND ORDERS

BEFORE: Mr C. Robison(Chairman), Mr A. Edgar and Dr U. Gault Application pursuant to Section 120 of the Legal Profession Act, 1987. Clerk found to have deliberately misled the Department of Social Security in providing information on behalf of a client of his employer firm which he knew to be false.

Scope of Section 120 and whether it incorporates conduct not occurring during the course of employment with a solicitor considered.

Order pursuant to Section 120(4) made.

APPEARANCES: Mr D. Hipsley of Counsel instructed by Mr F. Smith for the Law Society of New South Wales. Mr A.D. Nation, the clerk, on his own behalf

HEARING DATE: 16 June 1993

The Council of the Law Society of New South Wales (the Society) applied to the Tribunal for an order prohibiting any solicitor from employing or paying Adrian Denis Nation (the clerk) in connection with the solicitor's practice. This application followed a meeting of the Council of the Law Society on 5 November 1992 when it was of the opinion that the clerk had been guilty of conduct which, if he were a solicitor, would have constituted professional misconduct within the meaning of Part X of the Legal Profession Act 1987 and resolved that pursuant to Section 120(4) an order be sought from this Tribunal.