Legal Services Board v Gillespie-Jones

[2013] HCA 35
Judgment date
Case number
M27/2013
Before
French CJ, Hayne, Crennan, Kiefel, Bell, Gageler, Keane JJ
Catchwords

Legal practitioners – Legal Practitioners Fidelity Fund ("Fidelity Fund") – Barrister briefed by solicitor to appear for client – Money paid into general trust account by client on account of legal costs – Money misappropriated by solicitor – No finding that client instructed solicitor to pay third parties – Whether barrister entitled to claim against Fidelity Fund for unpaid fees.

Words and phrases – "default", "failure to pay or deliver trust money", "pecuniary loss", "persons for or on whose behalf money is held", "transit money", "trust money".

Legal Profession Act 2004 (Vic) – Pts 3.3, 3.6.

Files
35.rtf (397.99 KB)
35.pdf (170.97 KB)