Camille Edouard Dezarnaulds [1994] NSWLST 11

The Legal Services Tribunal of New South Wales

CITATION : Camille Edouard Dezarnaulds [1994] NSWLST 11 PARTIES : Camille Edouard Dezarnaulds FILE NUMBER(S) : of 1993 CORAM: Mr A. Martin (Presiding Member) - Mr C. Robison - Mr I. Ferguson CATCHWORDS: Professional Misconduct - breach of s. 61 of the Legal Profession Act - Professional Misconduct - misappropriate trust moneys/moneys :- LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: Bolton v Law Society 1994 2ALLVR 486, 492 DATES OF HEARING: 29 June 1994. DATE OF JUDGMENT: 08/17/1994 LEGAL REPRESENTATIVES: Mr Robinson instructed by Mr B. Murdoch for the Law Society. Mr R. Conti QC instructed by Michael Saunders for the Solicitor.

JUDGMENT:

Breaches of ss.61 and 62 Legal Profession Act 1987. Misappropriation of over $75,000 in period of four-and-a-half years from moneys invested for Noumea clients. Professional misconduct conceded. Medical evidence that misconduct due to thyroid problem. Tribunal concerned that solicitor might not recognise symptoms in future. Practice, sporting career and personal life relatively unaffected by medical condition. Tribunal concerned by potential for future problems and that public at risk if solicitor's name remained on Roll. Tribunal unwilling to accept undertaking that solicitor would not have access to trust money. Strike off order made.

BY ITS COMPLAINT THE COUNCIL OF THE LAW SOCIETY OF New South Wales ("the Society") alleged that Camille Edouard Dezarnaulds ("the Solicitor") wilfully contravened sections 61 and 62 of the Legal Profession Act 1987 ("the Act") and misappropriated moneys received on behalf of his clients.

The Complaint contained Further Particulars of the allegations which involved 12 clients of the Solicitor, the Particulars are annexed hereto and marked with the letter "A".