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Mackey, John Charles

JurisdictionAustralia — New South Wales
BodyOffice of the Legal Services Commissioner (NSW) (OLSC)
Professionsolicitor — John C Mackey & Co
Date14-May-2024
HearingCouncil of the Law Society of New South Wales
OutcomeReprimand Solicitor to undertake and complete further legal education $0.00 About ​ About the OLSC The Commissioner History Mission statement Structure Contact ​ Contact the OLSC Give us your feedback: online surveys Access to information (GIPAA) Community information ​ Information for lawyers Fact sheets FAQs Other regulatory and complaint-handling organisations Contact LawAccess NSW for legal information " You and Your Lawyer", Hot ​​Topics 78 Legal Information Access Centre (LIAC), State Library of NSW​ , provides access to information about the law in NSW regarding your lawyer Privacy Copyright and Disclaimer Website accessibility

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

SanctionOther
Dishonesty foundNo

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:

⚠ 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