Michael John Charles Caiger [1993] NSWLST 14

The Legal Services Tribunal of New South Wales

CITATION : Michael John Charles Caiger [1993] NSWLST 14 PARTIES : MICHAEL JOHN CHARLES CAIGER FILE NUMBER(S) : of 1993 CORAM: Ms A Plotke (Presiding Member) - Mr C. Robison - Rear Admiral G. Griffiths CATCHWORDS: Competence and diligence - Professional Misconduct - conviction for indictable offences - Professional Misconduct - misappropriate trust moneys/moneys :- Leave to be employed LEGISLATION CITED: Legal Profession Act 1987 Briginshaw v Briginshaw 60 CLR 336; CASES CITED: Re Clayton 1962 SR 132, Ex parte Boyland 80WN 943; In the matter of the Legal Practitioners Act 1898-1936; In the matter of Clem Alexander Parbury delivered May 1989. DATES OF HEARING: 14 and 24 September 1993 DATE OF JUDGMENT: 11/08/1993 LEGAL REPRESENTATIVES: Mr I. Wales (instructed by Mr F. Smith) appeared for the Law Society of New South Wales. Mr D. English of Messrs Paul A. Curtis & Co appeared on behalf of the Applicant.

JUDGMENT:

This was an application by Michael John Charles Caiger (the Applicant) under Section 121 of the Legal Profession Act 1987 (the Act) for leave to be employed and to be paid in connection with the practice of Paul Anthony Curtis a solicitor of the Supreme Court of NSW.

Section 121 of the Act provides as follows:"(1) It is professional misconduct if a solicitor, in connection with the solicitor's practice as a solicitor, employs or pays a person the solicitor knows to be -

(a) a disqualified person; or

(b) a person who has been convicted of an indictable offence and does not hold a current practising certificate.