Law Society of New South Wales -V- O’Reilly [1998] ADT

Legal Services Division

CITATION: Law Society of New South Wales -V- O'Reilly [1998] ADT

COMPLAINANT: Law Society of New South Wales

RESPONDENT: Patrick Bede O'Reilly

Mr A Martin (Chairperson) ( Judicial Member ) TRIBUNAL: Ms S Hale Dr P Miller

GROUNDS OF COMPLAINT: Professional misconduct

DATE OF JUDGMENT: 10/07/1998

Complainant: Mr N A Nicholls LEGAL REPRESENTATIVES: Respondent: Mr R Colquhoun

Determination and Orders The Council of the Law Society of New South Wales ("the Society") has informed the Legal Services Tribunal ("the Tribunal") of a complaint of professional misconduct against Patrick Bede O'Reilly ("the Solicitor").

Grounds on which the complaint was made are as follows:

1. Wilful contravention of section 61(1)(a) and (b) of the Legal Professional Act 1987 ("the Act"). (Fiona Young, Henk Holdings Pty Limited, Kenneth Cooper, Norman William Goodall, John Luke, James Robert Davis, Estate of Baker, Suzanne Gabrielle Blatch and Dennis Earl) 2. Wilful contravention of section 61(2)(a), (b) and (c) of the Act. (Fiona Young, Henk Holdings Pty Limited, Kenneth Cooper, Norman William Goodall, John Luke and Dennis Earl). 3. Wilful contravention of section 61(3)(b) of the Act. (James Robert Davis, Estate of Baker and Suzanne Gabrielle Blatch) 4. Wilful contravention of section 62 of the Act. (Kenneth Cooper, Norman William Goodall, John Luke and Dennis Earl). 5. Wilful contravention of part 2, 3 and 5 of the Legal Profession (Trust Accounts and Controlled Money) Regulation 1988 ("the Regulation"). 6. Fraudulently misrepresenting to clients the position of trust monies held on their behalf. (Fiona Young, Henk Holdings Pty Limited and Norman William Goodall). 7. Fraudulently procuring authorities from clients to transfer monies from trust. (Kenneth Cooper, John Luke and James Robert Davis). 8. Altering documents, and trust and other accounting records to conceal appropriations and with intent to mislead or attempt to mislead trust account inspectors. (Norman William Goodall and John Luke).