High Court of Australia

Legal Services Board v Gillespie-Jones [2013] HCA 35

249 CLR 493; 87 ALJR 985; 300 ALR 430

14 Aug 2013

Case Number: M27/2013


French CJ, Hayne, Crennan, Kiefel, Bell, Gageler, Keane JJ


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.

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