Barry John Penfold [1997] NSWLST 23

The Legal Services Tribunal of New South Wales

CITATION : Barry John Penfold [1997] NSWLST 23 PARTIES : Barry John Penfold FILE NUMBER(S) : of 1996 CORAM: Mr C. Vass (Presiding Member) - Mr R. Fox - Mr J. O'Neill CATCHWORDS: Professional Misconduct - breach of s. 61 of the Legal Profession Act - Professional Misconduct - misappropriate trust moneys/moneys :- LEGISLATION CITED: Legal Profession Act 1987 Law Society of New South Wales -v- Bannister (1993) 4LPDR 24 at 28; Macaulay (30 NSW WN at page 193); Lenehan (77 CLR 403); Law Society of New South Wales -v- Foreman) (1994 34 NSWLR 408) ; in Raden -v- The Law Society of New South Wales (unreported); CASES CITED: Law Society of New South Wales -v- Jones (Court of Appeal Unreported 27 July 1978 at P10) ; Dupal -v- The Law Society of New South Wales (Court of Appeal Unreported 26 April 1990); Jauncey -v- The Law Society of .New South Wales unreported NSW Court of Appeal 01/02/1989; Ziems -v- The Prothonotary (1957) 97 CLR 279; Dawson -v- The Law Society of New South Wales an unreported decision of the Court of Appeal on 21 December 1989; Law Society -v- Jones DATES OF HEARING: 24 June 1997 DATE OF JUDGMENT: 09/25/1997 LEGAL REPRESENTATIVES: Mr. L. Pierotti. Mr. J. Watts

JUDGMENT: Solicitor banked client's cheque for the sum of $6,000 in his own Credit Union account and used approximately $1,000 of the money to meet firm's wages and also paid a sum of $1,500 into his firm's office account as a capital contribution. Solicitor repaid all moneys taken from the client, solicitor reported the taking of the cheque to the Law Society seven months after the event. Solicitor guilty of professional misconduct under the General Law and under section 61 of the Legal Profession Act. Solicitor suspended from practice for two years and then restricted practising certificate for further three years and solicitor to pay the Law Society's costs.