Queensland Civil and Administrative Tribunal

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Legal Services Commissioner v Scott [2015] QCAT 402 (OCR244-13) Justice Carmody 12/10/2015

Full-text: QCAT15-402.pdf

Catchwords

PROFESSIONS AND TRADES LAWYERS COMPLAINTS AND DISCIPLINE PROFESSIONAL MISCONDUCT TRUST MONEY INVESTIGATION REQUIREMENTS where the respondent was a solicitor practising law in Queensland where the respondent maintained a trust account where the respondent appears to have disbursed monies from the trust account in satisfaction of personal debts and debts attached to business interests where a complaint was made against the respondent in respect of the wrongful appropriation of trust moneys where the Queensland Law Society required the respondent to explain the dispersion of the trust moneys where the respondent failed to supply an explanation in accordance with the relevant legislation where the Queensland Law Society issued a further notice requiring the respondent to comply with the original notice requiring an explanation where the respondent failed to comply with the second notice where the Legal Services Commissioner filed a disciplinary application against the respondent alleging professional misconduct in respect of the wrongful appropriation of trust moneys and failure to comply with prescribed investigatory requirements where the respondent failed to respond to the disciplinary application or enter an appearance in the proceedings whether the respondent breached his professional duties in disbursing trust moneys without authority to satisfy personal debts whether the respondent breached his professional duties in failing to respondent to the notice requiring an explanation of the subject matter asserted in the originating complaint whether the respondent has committed professional misconduct or unsatisfactory professional conduct.