Mark Raymond Holmwood [1991] NSWLST 7

The Legal Services Tribunal of New South Wales

CITATION : Mark Raymond Holmwood [1991] NSWLST 7 PARTIES : Mark Raymond Holmwood FILE NUMBER(S) : of CORAM: Mr G Williams (Presiding Member) - Mrs D. Kok - Mr D Mahon CATCHWORDS: Professional Misconduct - misappropriate trust moneys/moneys :- LEGISLATION CITED: Legal Profession Act 1987 Legal Practitioners' Act 1898 CASES CITED: DATES OF HEARING: 07/02/91 - 04/07/91 DATE OF JUDGMENT: 07/04/1991 Mr Gullotta LEGAL REPRESENTATIVES: Miss Rosemary McDougall Mr J.R. Riordan

JUDGMENT:

The Legal Profession Disciplinary Tribunal In the matter of Mark Raymond Holmwood (a solicitor) Order and reasons for determination

Before: Mr G. Williams (Chairman), Mrs D. Kok and Mr D. Mahon

The complaint against the conduct of Mark Raymond Holmwood ("the Solicitor") was made to the Legal Profession Disciplinary Tribunal ("the Tribunal") pursuant to the provisions of Section 135 of the Legal Profession Act 1987 by the Council of the Law Society of New South Wales ("the Complainant"), the grounds for complaint being as follows: 1. Misappropriation of Monies. 2. Wilful contravention of Section 41 of the Legal Practitioners' Act 1898. 3. Wilful contravention of Section 42 of the Legal Practitioners' Act 1898. 4. Wilful contravention of Section 61 of the Legal Profession Act 1987. 5. Wilful contravention of Section 62 of the Legal Profession Act 1987.

Particulars of those grounds appear in the complaint verified by the Declaration of John Richard Hunt made 18 December 1990.

The complaint was heard by the Tribunal on 7 February 1991, when Mr Gullotta, instructed by Miss Rosemary McDougall, appeared on behalf of the Complainant and Mr J.R. Riordan, Solicitor, appeared on behalf of the Solicitor.