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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<BR/>2. Negligent in failing to secure registration of the second mortgage<BR/>3. Engaged in unethical conduct by breaching the rule against borrowing from a client<BR/>4. Negligent in failing to seek consent of the first mortgage<BR/>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