Mackey, John Charles
Allegation / charges
The Respondent Solicitor made unauthorised withdrawals of commission in breach of his fiduciary duty to the beneficiaries of two deceased estates. In particular, the Respondent Solicitor: a. made calculations and payments of commission that were not authorised by the respective testator’s wills (and without accounts being passed and the Court determining the amount of commission); b. failed to obtain the prior informed consent of all the beneficiaries prior to withdrawals for commission; and c. failed to provide the beneficiaries with sufficient information to allow them to make an informed decision about the payment of commission. — Unsatisfactory Professional Conduct
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The Respondent Solicitor made unauthorised commission withdrawals from two deceased estates in breach of his fiduciary duty, without authorisation from the wills, without prior informed consent of beneficiaries, and without providing sufficient information. This was found to constitute unsatisfactory professional conduct. No dishonesty finding stated and no sanction details provided in the excerpt.
Duties found breached:
- Disclose referrals, commissions and benefits
- No improper benefit, loan or bequest
- No improper use of client money
⚠ figures not found verbatim in the source were dropped: ["extracted_from_register_summary"]
Duties engaged
Documents
No documents recorded.
Source: https://portal.olsc.nsw.gov.au/dasearchbn/daresultdetail?id=2d84a90f-0454-497b-b627-8c75c812783b