Section 674 of the Legal Profession Act 2004 (NSW) creates a single offence, not two separate offences of obstructing and misleading an investigator; misleading is a form of obstruction. A solicitor who misappropriates client funds, even temporarily and in a relatively small amount, will be removed from the Roll absent clearly applicable ameliorating factors, particularly where no genuine remorse or insight is demonstrated. Where a Tribunal fails to address an aspect of a party's case, the error is immaterial if the evidence irresistibly supports the finding made.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.
3 of the 10 citing cases carry a classified treatment. How each court treated it is available to signed-in members.