Law Society of New South Wales -v- Andrews [2001] NSWADT 154

CITATION: Law Society of New South Wales -v- Andrews [2001] NSWADT 154 DIVISION: Legal Services Division APPLICANT PARTIES: Council of the Law Society of New South Wales RESPONDENT Yvonne Eva Andrews FILE NUMBER: 002024 HEARING DATES: 01/08/2001 SUBMISSIONS CLOSED: 08/01/2001 DATE OF DECISION: 09/18/2001

BEFORE: Officer D QC - Judicial Member; Cox R - Member; O'Neill A - Member APPLICATION: Professional Misconduct - breach of s. 61 of the Legal Profession Act - Professional Misconduct - fail to keep accounts - Professional Misconduct - misappropriate trust moneys/moneys MATTER FOR DECISION: Principal matter LEGISLATION CITED : Legal Profession Act 1987 Re Hodgekiss (1962) 79 WN (NSW) 340 CASES CITED: Re Mayes and Legal Practitioners Act [1974] 1 NSWLR 19 Allinson v General Counsel of Medical Education and Registration [1894] 1 QB 750 APPLICANT REPRESENTATION: P Boyd, solicitor RESPONDENT No appearance ORDERS: 1 That the name of Yvonne Eva Andrews be removed from the roll of Legal Practitioners in NSW; 2 That Yvonne Eva Andrews pay the costs of the informnat of, and incidental to , these proceedings.

Background 1 Yvonne Eva Andrews [the Solicitor] was admitted as a solicitor in NSW on 23 December 1985. In response to various complaints, the Law Society appointed Jean Sayer, Chartered Accountant, on 3 August 1999 as investigator of Yvonne Andrews' practice under section 55 of the Legal Profession Act 1987 and as its Receiver on 3 December 1999. On 9 December 1999 Yvonne Andrews' application for a practising certificate was refused and Mr Andrew Brown was appointed manager of her practice. 2 On 27 November 2000 the Council of the Law Society of NSW informed the Tribunal that, as a result of complaints made under part 10 of the Legal Profession Act 1987 , the Council claimed that Yvonne Andrews, while practising as a solicitor, was guilty of professional misconduct on the grounds that she: · wilfully breached section 61 of the Act; · willfully breached section 62 of the Act; · misappropriated trust money. 3 Yvonne Andrews neither attended nor was represented at the Tribunal hearing in Sydney on 1 August 2001. Although the practitioner had been represented at preliminary hearings on 12 February, 26 March and 7 May, her solicitors, Ward Maxwell, had advised on 25 July that as they no longer held instructions from Ms Andrews they would not be attending the hearing. The Tribunal was satisfied Yvonne Andrews had notice of the hearing.