Kenneth Jolliffe [1991] NSWLST 8

The Legal Services Tribunal of New South Wales

CITATION : Kenneth Jolliffe [1991] NSWLST 8 PARTIES : Kenneth Jolliffe FILE NUMBER(S) : of CORAM: Mr D E Hunt (Presiding Member) - Ms A Plotke - Mr D Mahon CATCHWORDS: Professional Misconduct - fail to carry out instructions - Professional Misconduct - misappropriate trust moneys/moneys :- LEGISLATION CITED: Legal Profession Act 1987 Legal Practitioners' Act 1898 CASES CITED: Arthur v Arthur DATES OF HEARING: 15/10/90 - 21/02/91 DATE OF JUDGMENT: 02/21/1991 LEGAL REPRESENTATIVES: Mr P Huntington of Counsel

JUDGMENT:

The Legal Profession Disciplinary Tribunal In the matter of Kenneth Jolliffe Determination and Orders Before: Mr D Hunt (Presiding Member), Ms A Plotke, Mr D Mahon.

This complaint relating to the conduct of Kenneth Jolliffe (the Solicitor) was made to The Legal Profession Disciplinary Tribunal (the Tribunal) by the Council of the Law Society of New South Wales (The Law Society) pursuant to s.134 of the Legal Profession Act 1987 (the new Act), by resolution dated the 5 April 1990 and the Complaint is dated 22 May 1990.

The matter came on for hearing before the Tribunal on the 15 October 1990 when Mr P Huntington of Counsel appeared for the Law Society and the Solicitor appeared on his own behalf.

On this occasion the Tribunal was constituted by Ms A Plotke (Presiding Member) and Messrs F Herron and D Mahon as Members and after tendering a number of exhibits evidence was taken from Gregory Robert Lloyd, Chartered Accountant of Newcastle, who was employed by the firm of Ernst and Young Chartered Accountants. A partner of this firm Mr Ian Campbell had been appointed Receiver of the Solicitor's practice on the 23 June 1988 and Mr Lloyd had carried out the receivership under the supervision of Mr Campbell.