Duncan Anthony Gilchrist [1991] NSWLST 4

The Legal Services Tribunal of New South Wales

CITATION : Duncan Anthony Gilchrist [1991] NSWLST 4 PARTIES : Duncan Anthony Gilchrist FILE NUMBER(S) : of CORAM: Mr D E Hunt - Ms A Plotke - Ms N Keesing CATCHWORDS: Professional Misconduct - fail to keep accounts - Professional Misconduct - misappropriate trust moneys/moneys :- LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: DATES OF HEARING: 28/02/81 - 31/05/91 DATE OF JUDGMENT: 05/31/1991 LEGAL REPRESENTATIVES: Mr Bilinsky

JUDGMENT:

The Legal Profession Disciplinary Tribunal In the matter of Duncan Anthony Gilchrist (solicitor) Determination and orders

Before: Mr D.E. Hunt (Presiding Member), Ms A. Plotke and Ms N. Keesing

This matter was referred to the Legal Profession Disciplinary Tribunal ("the Tribunal") by the Council of the Law Society of New South Wales ("the Law Society") by resolution dated the 15 November 1990 and the statement of complaint is dated the 5 December 1990. A copy of the grounds for complaint and particulars of grounds of complaint are annexed hereto and marked with the letter "A".

The matter came before the Tribunal on the 28 February 1991 when Mr B. Murdoch, Solicitor, appeared for the Law Society and Mr Bilinsky, Solicitor, appeared for the Solicitor. The Solicitor was not present at the hearing although Mr Bilinsky stated that he was expecting him "later". He did not arrive and no explanation was given as to why he was not present other than that he lives out of Sydney. The Tribunal deprecates the fact that the Solicitor was not present at the hearing.

At the commencement of the proceedings Mr Bilinsky indicated that he did not wish to oppose anything in relation to the matters referred to in grounds 1A and 2 but stated that he was putting the Society to strict proof in relation to grounds 1B and 1C which refer to matters of Gangemi Holdings Pty Ltd. The Tribunal will make its determination in relation to these grounds in the light of the evidence.