Legal Services Board v Gillespie-Jones

HIGH COURT OF AUSTRALIAFRENCH CJ,HAYNE, CRENNAN, KIEFEL, BELL, GAGELER AND KEANE JJLEGAL SERVICES BOARD APPELLANTANDSIMON GILLESPIE-JONES  RESPONDENTLegal Services Board v Gillespie-Jones[2013] HCA 3514 August 2013M27/2013ORDER1.Appeal allowed. 2.Order 1 of the orders made by the Court of Appeal of the Supreme Court of Victoria on 19 April 2012 be set aside, and, in its place, order that:(a)the appeal from the order made by the County Court of Victoria on 1 April 2011 be allowed; and(b)paragraphs 1–4 of the order made by the County Court on 1 April 2011 be set aside, and, in their place, order that the appeal from the decision of the Legal Services Board made on 20 October 2009 be dismissed. On appeal from the Supreme Court of VictoriaRepresentationN J Young QC with S R Senathirajah for the appellant (instructed by Legal Services Board)M F Wheelahan SC with M F Fleming SC and B J McCullagh for the respondent (instructed by Billings Cloak)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSLegal Services Board v Gillespie-JonesLegal practitioners – Legal Practitioners Fidelity Fund ("Fidelity Fund") – Barrister briefed by solicitor to appear for client – Money paid into general trust account by client on account of legal costs – Money misappropriated by solicitor – No finding that client instructed solicitor to pay third parties – Whether barrister entitled to claim against Fidelity Fund for unpaid fees. Words and phrases – "default", "failure to pay or deliver trust...