Ellen Louise Weingarth [1993] NSWLST 12

The Legal Services Tribunal of New South Wales

CITATION : Ellen Louise Weingarth [1993] NSWLST 12 PARTIES : Ellen Louise Weingarth FILE NUMBER(S) : of CORAM: Mr A. Martin (Presiding Member) - Mr C. Robison - Mr E Barnum CATCHWORDS: Professional Misconduct - make false statement :- LEGISLATION CITED: Legal Profession Act 1987 Ian Burnham Mitchell (1992) 1LPDR 6; Paul Fraser (1992) 5LPDR 12, David John Twomey (1992) 6LPDR 4; CASES CITED: Simon Konstantinidis (1993) 1LPDR 3; John Anthony Picone 1993 1LPDR 12; Kirby P in Fraser (1992) 5LPDR DATES OF HEARING: 24/02/93 - 17/03/93 DATE OF JUDGMENT: 03/17/1993 Mr L. Pierotti LEGAL REPRESENTATIVES: Mr F. Smith Miss R. MacDougall of Messrs Price Brent

JUDGMENT:

The Legal Profession Disciplinary Tribunal In the matter of Ellen Louise Weingarth Determination and Orders

Before: Mr A.T. Martin (Chairman), Mr C.J. Robison and Mr F. Barnum.

Appearances: Mr L. Pierotti instructed by Mr F. Smith for the Law Society and Miss R. MacDougall of Messrs Price Brent appeared for the Solicitor.

Hearing date: 24 February 1993.

This Complaint was referred to the Legal Profession Disciplinary Tribunal (the Tribunal) by the Council of the Law Society of New South Wales (the Law Society) pursuant to a resolution of the Council on 10 September 1992 that in its opinion the solicitor may be guilty of professional misconduct and that a complaint be made to the Tribunal pursuant to Section 135 of the Legal Profession Act 1987 (the Act).

In its amended complaint, the Council alleged that the solicitor signed mortgage documents falsely stating that she was a witness to the mortgagors signatures on those documents and that the solicitor signed a Statutory Declaration falsely stating that such had been declared before her by her clients and falsely stating that she had witnessed the clients appending their signatures to that Declaration.