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Kennedy, Paul Herbert

JurisdictionAustralia — New South Wales
BodyOffice of the Legal Services Commissioner (NSW) (OLSC)
Professionsolicitor — (Formerly) Kennedy & Associates
Case number[2007] NSWADT 59
Date15-Mar-2007
HearingLegal Services Division of the Administrative Decisions Tribunal
OutcomeCosts Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted

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

SanctionOther
Dishonesty foundNo

The solicitor was found to have committed professional misconduct arising from a borrowing transaction with a client. He breached Rule 12 on borrowing transactions, was negligent in failing to register a second mortgage and in failing to obtain the first mortgagee's consent, engaged in unethical conduct by borrowing from a client, and acted in a conflict of interest by preferring his own interests over his client's. No express finding of dishonesty was made, and no sanction is stated in the provided text.

Duties found breached:

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

Duties engaged

Other decisions involving this respondent

  • Decision 2006-09-07 · OLSC · Australia — New South Wales · Refusal to issue Practising Certificate $0.00 About ​ About…

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Documents

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Source: https://portal.olsc.nsw.gov.au/dasearchbn/daresultdetail?id=fb58a7df-b633-eb11-bf74-000d3ad1941e