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Register of Disciplinary Action

Lawyer Name:English, Martin Francis
Lawyer Type:Solicitor
Date/s of Admission/s: 18-Aug-1978 (NSW)
18-Aug-1978 (NSW)
Law Practice:
(Formerly) English Kearns (2004)
Business Address or Former Address:
(Formerly) 1 Francis Street East Sydney NSW 2010
Place of Issue of Practising Certificate:New South Wales
Substance of Conduct Matter:

<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>

Finding:Professional Misconduct
Unsatisfactory Professional Conduct
By:Legal Services Division of the Administrative Decisions Tribunal
Date: 02-Mar-2011
Disciplinary Action:
Conditions on Practising Certificate
Costs
Reprimand
Proceedings Instituted By:Council of the Law Society of New South Wales
Citation:

[<a href="http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=150600&quot;&gt;Law Society of NSW v English [2011] NSWADT39</a>]