Phillip Leslie Blake [1994] NSWLST 1

The Legal Services Tribunal of New South Wales

CITATION : Phillip Leslie Blake [1994] NSWLST 1 PARTIES : Phillip Leslie Blake FILE NUMBER(S) : of 1993 CORAM: Mr D E Hunt (Presiding Member) at 1 - Ms A Plotke - Mr E Barnum CATCHWORDS: Professional Misconduct - breach of s. 61 of the Legal Profession Act - Professional Misconduct - misappropriate trust moneys/moneys :- Instances of misappropriation of client funds paid on account of stamp duty - Wilful breaches of ss.61 and 62 of the Legal Profession Act 1987- Solicitor's name removed from the Roll. LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: The Law Society of New South Wales v Jones unreported, C of A, 27 July 1978) DATES OF HEARING: 16/12/1993 DATE OF JUDGMENT: 02/09/1994 Mr I.M. Wales (instructed by Mr F.J. Smith) appeared for the Law Society of New South Wales. LEGAL REPRESENTATIVES: Mr P.L. Blake appeared on his own behalf.

JUDGMENT:

This complaint was referred to the Legal Profession Disciplinary Tribunal (the Tribunal) pursuant to a resolution dated 25 March 1993 of the Council of the Law Society of New South Wales (the Law Society) that a complaint be made to the Tribunal pursuant to section 135 of the Legal Profession Act 1987 (the Act). On 11 September 1992 the Law Society had resolved that in its opinion there had been or may have been a failure to account within the meaning of section 92 of the Act in relation to Phillip Leslie Blake (the Solicitor) practising at 9 Copeland Street Beecroft and on the same date the Supreme Court appointed Hugh Thomas, Chartered Accountant (the Receiver), as Receiver of the property of the Solicitor within the meaning of Part 8 of the Act.