Tracey Luker [1997] NSWLST 19

The Legal Services Tribunal of New South Wales

CITATION : Tracey Luker [1997] NSWLST 19 PARTIES : Tracey Luker FILE NUMBER(S) : of 1996 CORAM: Mr G Molloy (Chairperson) - Mr C. Staff - Mr J. O'Neill Clerk misappropriated funds from employer's trust account :- Guilty of conduct which if she had been a barrister or solicitor would have constituted professional misconduct. CATCHWORDS:

LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: DATES OF HEARING: 30 June, 1997 DATE OF JUDGMENT: 07/08/1997 LEGAL REPRESENTATIVES: Mr L Pierotti No appearance by the Clerk.

JUDGMENT:

The Law Society sought an order under s.48I of the Legal Profession Act alleging that Luker, a clerk employed by a firm of Newcastle solicitors had been guilty of conduct which, if she had been a barrister or solicitor, would have constituted professional misconduct.

The clerk on 10 occasions stole money from the accounts of her employer by falsely requisitioning cheques and converting them to her own use.

The Tribunal made an order prohibiting the employment of the clerk by a barrister or solicitor in terms of section 48I and ordered her to pay the costs of the Law Society.

T his Tribunal has before it Application by the Law Society of NSW seeking an order prohibiting any barrister or solicitor from employing or paying Tracey Luker in connection with the practice of such barrister or solicitor. The proceedings are brought pursuant to the provisions of Part 3A, Section 48I, Legal Profession Act, the ground being that Ms Luker is alleged to have been guilty of conduct which, if she was a barrister or solicitor, would have constituted professional misconduct.