The Legal Services Tribunal of New South Wales CITATION : Neil Graham Hughes [1994] NSWLST 6 PARTIES : Neil Graham Hughes FILE NUMBER(S) : of 1994 CORAM: Mr G B Molloy (Presiding Member) - Vice Admiral I Knox - Mr P. Boesenberg CATCHWORDS: Professional Misconduct - forgery - Professional Misconduct - breach of s. 61 of the Legal Profession Act - Professional Misconduct - make false statement - Professional Misconduct - fail to act honestly - Professional Misconduct - fail to keep accounts - Professional Misconduct - misappropriate trust moneys/moneys :- LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: DATES OF HEARING: 21 March 1994 DATE OF JUDGMENT: 03/21/1994 LEGAL REPRESENTATIVES: Mr G. Chegwidden for the Law Society of New South Wales. There was no appearance on behalf of the Solicitor. JUDGMENT: The Chairman: This tribunal has before it a complaint by the Law Society of New South Wales against a solicitor, Neil Graham Hughes, filed 21 January 1994, in which it alleges a number of failures to account, misappropriation of funds, breaches of sections 61.1 and 62.2 of the Legal Profession Act, forgeries, preparation of false wills, and also the tribunal notes that in the second report of the chartered accountant, Ms Jean Sayer, on page 20, there is a statement that a signature on a document styled an application for redemption of a savings was also forged. The tribunal is satisfied on the evidence admitted to the requisite standard of proof that the solicitor is guilty of professional misconduct in relation to each of the complaints and in relation to the totality of the complaints. The tribunal is satisfied that this solicitor is not a fit and proper person to remain on the roll of solicitors in this state. Consequently the tribunal makes the following orders: (1) That the name of Neil Graham Hughes be and the same is removed from the roll of solicitors in New South Wales. (2) The costs of the Law Society, excluding the costs of the statutory declaration of Frederick John Smith made 22 February 1994, be paid by the solicitor, such costs to be assessed as if taxed in the Supreme Court on a solicitor and client basis, and paid by the solicitor to the Law Society. (3) If the parties cannot agree on the quantum of those costs, either party to have liberty to apply to the tribunal to determine the amount of these costs. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.