Lesley Elizabeth Mayo (a clerk) [1992] NSWLST 21

The Legal Services Tribunal of New South Wales

CITATION : Lesley Elizabeth Mayo (a clerk) [1992] NSWLST 21 PARTIES : Lesley Elizabeth Mayo a (clerk) FILE NUMBER(S) : of CORAM: Mr D E Hunt (Presiding Member) - Mr C. Robison - Dr U. Gault CATCHWORDS: Professional Misconduct - misappropriate trust moneys/moneys :- LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: DATES OF HEARING: 09/12/92 - 22/12/92 DATE OF JUDGMENT: 12/22/1992 Mr L.W. Pierotti LEGAL REPRESENTATIVES: Mr F. Smith

Mr B. Gubbay, Solicitor of Vaughan Barnes

JUDGMENT:

The Legal Profession Disciplinary Tribunal In the matter of Lesley Elizabeth Mayo a clerk Reasons for Determination and Orders Before: Mr D.E. Hunt (President), Mr C.J.G. Robison and Dr U. Gault.

Legal Profession Disciplinary Tribunal considers question of allegations of misappropriation against Clerk Tribunal considers that although facts admitted, dependent evidence of the allegations made by the Society are required The Tribunal being satisfied as to the misappropriation by the Clerk, order that pursuant to section 120(4) of the Legal Profession Act 1987, that solicitors be prohibited from employing or paying in connection with their practice, the Clerk.

Appearances: Mr L.W. Pierotti, Solicitor, instructed by Mr F. Smith for the Law Society of NSW, and Mr B. Gubbay, Solicitor of Vaughan Barnes, for the Clerk. Hearing date: 9 December 1992.

At its meeting on the 8 October 1992 the Council of the Law Society of New South Wales the Society resolved that it was of the opinion that Lesley Elizabeth Mayo the Clerk, the subject of these proceedings, had been guilty of conduct which if she were a solicitor, would have constituted professional misconduct within the meaning of Part X of the Legal Profession Act 1987 the Act and that pursuant to section 120(4) an order be sought before this Tribunal.