Australia: Struck-off lawyer misappropriated $4m but keeps secret identity

NSW Supreme Court Chief Justice Andrew Bell, Justice Anthony Payne and Justice Kristina Stern said the misappropriation of the scale and extent of XX “would by itself warrant removal from the roll”.“That disgraceful conduct was compounded by the respondent’s brazen disregard of his suspension from practice by the Law Society and his contempt on multiple occasions for serious orders of this court restraining his continuation of practice,” the full bench said.

With the support of two psychologist’s expert evidence, “exceptional orders” were made in criminal proceedings in the District Court and injunctive orders in the Supreme Court to conceal XX’s identity. This order was similarly adopted in the most recent judgment.

The Law Society said due to the causal link between his psychiatric condition and his offending – and a lack of evidence he has or will recover – it warranted a finding he is “unfit to remain on the roll”.