Vincent John Dellosta (a Clerk) [1991] NSWLST 3

The Legal Services Tribunal of New South Wales

CITATION : Vincent John Dellosta (a Clerk) [1991] NSWLST 3 PARTIES : Vincent John Dellosta (a Clerk) FILE NUMBER(S) : of CORAM: Mr G Williams (Presiding Member) - Mr G B Molloy - Mr E Barnum CATCHWORDS: Professional Misconduct - fail to carry out instructions - Professional Misconduct - act without instructions - Unsatisfactory Professional Conduct - fail to carry out client's instructions - Unsatisfactory Professional Conduct - fail to respond to client - Unsatisfactory Professional Conduct - delay :- LEGISLATION CITED: Legal Profession Act 1987 Legal Practitioners Act CASES CITED: Law Society of New South Wales v Keefe DATES OF HEARING: 19/12/90 -05/03/91 DATE OF JUDGMENT: 03/05/1991 LEGAL REPRESENTATIVES:

JUDGMENT:

The Legal Profession Disciplinary Tribunal In the matter of Vincent John Dellosta (a Clerk) Determination and Orders

Before: Mr G. Williams (Presiding Member), Mr G.B. Molloy and Mr E. Barnum on 19 December 1990. Appearances: Mr B. Murdoch appeared on behalf of the Law Society of New South Wales and Mr H.J. Mater, instructed by Messrs Dexter Healey & Co, appeared for the Clerk.

These are proceedings brought by the Law Society of New South Wales (Society) against Vincent John Dellosta (Clerk) alleging that the Clerk is not a fit and proper person to be employed or paid in connection with a solicitor's practice and seeking an order that solicitors be prohibited from employing or paying the Clerk in connection with their practice unless leave is given under section 121 of the Legal Profession Act 1987 (the Act).

The proceedings are brought pursuant to section 120 of the Act. As this is the first application brought under this section before the Tribunal, it is worth making some observations relating to the peculiarities of the section.