§ discipline
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English, Martin Francis

JurisdictionAustralia — New South Wales
BodyOffice of the Legal Services Commissioner (NSW) (OLSC)
Professionsolicitor — (Formerly) English Kearns (2004)
Date02-Mar-2011
HearingLegal Services Division of the Administrative Decisions Tribunal
OutcomeConditions on Practising Certificate Costs Reprimand $0.00 Proceedings Instituted

Allegation / charges

<p><br></p><p>1. Breached an undertaking to the Legal Services Commissioner</p><p>2. Practised without a Practising Certificate</p><p>3. Failed to account</p><p>4. Wilfully breached Section 61 of the Legal Profession Act 1987 - handling of trust moneys</p><p>5. Misappropriated trust funds</p><p>6. Failed to comply with Section 152 Notice of the Legal Profession Act 1987</p><p>7. Failed to comply with Section 660 Notice of the Legal Profession Act 2004</p><p>8/ Failed to inform a client of a cost assessment application</p><p>9. Failed to inform a client of hearing</p><p>10. Consented to an indemnity costs order against a client without authority to do so</p><p>11. Breached an Undertaking given to the District Court on 7 December 2004 to pay the hearing allocation fees</p><p>12. Engaged in unethical conduct by failing to respond to a cost assessor's requisitions</p><p>13. Failed to attend a Court hearing on 22 August 2003 as a result of which the proceedings were struck out and costs awarded against the complainant company</p><p>14. Permitted the complainant company's case to be dismissed</p><p>15. Failed to advise that the case had been dismissed and that costs were awarded against the client</p><p>16. Negligent by failing to attend or arrange representation at Court appearances</p><p>17.Failed to advise his client</p><p>(a) That on 22 August 2003 the Court ordered costs against the complainant company and had dismissed its claim</p><p>(b) That on 4 December 2003 the Court awarded costs against the complainant company</p><p>18. Consented to a dismissal of the claim by a client on 7 December 2004 without the consent or knowledge of its Directors or the client</p><p>19. Misled or lied to his client</p><p><br></p><p>The ground of unsatisfactory professional conduct was stated as:</p><p>(1) Failed to transfer documents.</p> — Professional Misconduct Unsatisfactory Professional Conduct

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

SanctionOther
Dishonesty foundNo

The document sets out numerous grounds of professional misconduct including breaching undertakings, practising without a certificate, misappropriating trust funds, failing to attend court hearings, consenting to orders without authority, and misleading a client, plus one ground of unsatisfactory professional conduct (failing to transfer documents). No express finding of dishonesty is recorded in the provided text, and no sanction, fine or costs order is stated.

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=305ea7df-b633-eb11-bf74-000d3ad1941e