Decision record
Kennedy, Paul Herbert
Allegation / charges
1. The Solicitor breached Rule 12 of the Revised Conduct and Practice Rules dealing with borrowing transactions 2. Negligent in failing to secure registration of the second mortgage 3. Engaged in unethical conduct by breaching the rule against borrowing from a client 4. Negligent in failing to seek consent of the first mortgage 5. Acted in a conflict of interest and preferred his own interests to those of his client — Professional Misconduct
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The solicitor was found guilty of professional misconduct for borrowing from a client in breach of Rule 12, negligently failing to register the second mortgage, failing to obtain the first mortgagee's consent, and acting in a conflict of interest by preferring his own interests to those of his client. No express finding of dishonesty was made, and the provided text does not specify the sanction.
Duties found breached:
⚠ figures not found verbatim in the source were dropped: ["extracted_from_register_summary"]
Duties engaged
Other decisions involving this respondent
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Documents
Source: https://portal.olsc.nsw.gov.au/dasearchbn/daresultdetail/?id=fb58a7df-b633-eb11-bf74-000d3ad1941e