Robert John Brand [1994] NSWLST 2

The Legal Services Tribunal of New South Wales

CITATION : Robert John Brand [1994] NSWLST 2 PARTIES : Robert John Brand FILE NUMBER(S) : of 1993 CORAM: Mr J.W. Brennan (Presiding Member) - Vice Admiral I Knox - Mr A. Edgar CATCHWORDS: Competence and diligence - Professional Misconduct - fail to keep accounts - Professional Misconduct - misappropriate trust moneys/moneys :- LEGISLATION CITED: Legal Practitioners' Act 1898 Legal Profession Act 1987 Re: Hodgkiss(1962) SR (NSW) 340 at 353; CASES CITED: Society of NSW v Bannister (1993) 4 LPDR 24.; Wakim (1988) LPDR 14, Austin-Woods (1992) 2 LPDR 2, Baumann (1992) 5 LPDR 3, Conn (1993) I LPDR 7 and McAneny (1992) 6 LPDR I. DATES OF HEARING: 15 December 1993 DATE OF JUDGMENT: 04/19/1994 LEGAL REPRESENTATIVES: Mr D. Hipsley (instructed by Mr L. Pierotti) appeared on behalf of the Law Society of New South Wales. Mr R.S. Cuddy (of Messrs Stewart Cuddy & Mockler) appeared for and with the Solicitor.

JUDGMENT:

In this matter the Council of the Law Society of New South Wales ("the Society") made a complaint to the Tribunal pursuant to Section 135 of the Legal Profession Act 1987 against Robert John Brand ("the Solicitor").

The Society alleges that the Solicitor wilfully breached Sections 41 and 42 of the Legal Practitioners Act 1898 (as amended) and Section 61 of Legal Profession Act. The Society seeks the removal of the name of the Solicitor from the roll of solicitors and an order for costs. The complaint relates to financial aspects of the conduct of the Solicitor in twenty one separate conveyancing transactions.