NSW Caselaw
The Legal Services Tribunal of New South Wales
CITATION : Alan Davis [1993] NSWLST 1 PARTIES : Alan Davis FILE NUMBER(S) : of CORAM: Mr D E Hunt (Presiding Member) - Mr A. Edgar - Mrs J. Bartos CATCHWORDS: Professional Misconduct - breach of s. 61 of the Legal Profession Act - Professional Misconduct - fail to act honestly - Professional Misconduct - misappropriate trust moneys/moneys :- LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: DATES OF HEARING: 28/04/93 - 03/06/93 DATE OF JUDGMENT: 06/03/1993 LEGAL REPRESENTATIVES: Mr D. Hipsley
JUDGMENT:
The Legal Profession Disciplinary Tribunal In the matter of Alan Davis
Determination and Orders Before: Mr D.E. Hunt (Presiding Member), Mr A. Edgar and Mrs J. Bartos
Misappropriation of funds from trust account - Breaches of Regulation 8 and Sections 61 and 62 of the Legal Profession Act 1987 - Detailed consideration of facts notwithstanding admissions by the solicitor - Finding of professional misconduct - Solicitor's name removed from the Roll.
Appearances: Mr D. Hipsley for the Law Society of New South Wales. The Solicitor appeared for himself.
Hearing date: 28 April 1993
This complaint was made under Section 135 of the Legal Profession Act 1987 ("the Act") by the Council of the Law Society of New South Wales ("the Law Society") against Alan Davis ("the Solicitor").
Following receipt by the Law Society of a letter from the Solicitor dated 20 March 1992 the Law Society did on 24 March 1992 cancel the Solicitor's Practising Certificate on the grounds appearing in Sections 35(2)(b) and 35(2)(g) of the Act. On 25 March 1992 Jean Sayer, Chartered Accountant was appointed Receiver pursuant to the provisions of Section 92 of the Act of all property held by the Solicitor within the meaning of Section 91 of the Act. Following receipt by the Law Society of a report by the said Jean Sayer the Law Society on 3 December 1992 resolved that in its opinion the Solicitor may be guilty of professional misconduct and that a complaint be made to this Tribunal ("the Tribunal").
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