Decision record

Kernaghan, Aaron Noel

JurisdictionAustralia — New South Wales

BodyOffice of the Legal Services Commissioner (NSW) (OLSC)

Professionsolicitor — Kernaghan & Associates Pty Ltd

Case number[2021] NSWCATOD 111

Date06-Aug-2021

HearingNSW Civil & Administrative Tribunal - Occupational Division

OutcomeTo be determined by the Tribunal $0.00

Allegation / charges

Professional Misconduct Breached an undertaking to the Office of the Legal Services Commissioner Breach section 137 of the Legal Profession Uniform Law (NSW) - Certain trust money to be deposited in general trust account Breached section 138 of the Legal Profession Uniform Law (NSW) - Holding, disbursing and accounting for trust money in general trust account Caused a deficiency in the law practice trust account Breached section 146 of the Legal Profession Uniform Law (NSW) - Intermixing money Failed to comply with Notice issued under section 370 of the Legal Profession Uniform Law (NSW) Failed to comply with fiscal obligations Unsatisfactory Professional Conduct Failed to comply with disclosure obligations under section 174 of the Legal Profession Uniform Law (NSW) Failed to pay an invoice issued by an expert witness — Professional Misconduct Unsatisfactory Professional Conduct

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

SanctionOther

Dishonesty foundNo

The decision found the practitioner engaged in professional misconduct (breach of undertaking to the OLSC, breaches of trust account provisions ss 137, 138, 146, causing a trust account deficiency, failing to comply with a s 370 notice, and failing to comply with fiscal obligations) and unsatisfactory professional conduct (failure to comply with s 174 disclosure obligations and failure to pay an expert witness invoice). The supplied text does not record any express finding of dishonesty, nor the sanction, fine or costs imposed.

Duties found breached:

⚠ figures not found verbatim in the source were dropped: ["extracted_from_register_summary"]

Duties engaged

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Documents

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Source: https://portal.olsc.nsw.gov.au/dasearchbn/daresultdetail/?id=0a9c210a-718e-454b-80d3-00aa1bd7f3ce