Pauline Sheila Johns (a clerk) [1992] NSWLST 10

The Legal Services Tribunal of New South Wales

CITATION : Pauline Sheila Johns (a clerk) [1992] NSWLST 10 PARTIES : Pauline Sheila Johns (a clerk) FILE NUMBER(S) : of CORAM: Mr D E Hunt (Presiding Member) - Mr E Barnum - Mr G Williams CATCHWORDS: Professional Misconduct - mislead client - Professional Misconduct - misappropriate trust moneys/moneys - Professional Misconduct - prepare false documents :- LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: DATES OF HEARING: 25/11/91 - 04/02/92 DATE OF JUDGMENT: 02/04/1992 Mr I.M. Wales LEGAL REPRESENTATIVES: Mr Frederick Smith Mr D.M. Geddes Messrs Woodgate & Morgan

JUDGMENT:

Legal Profession Disciplinary Tribunal In the matter of Pauline Sheila Johns (a clerk) Reasons for determination and orders

Before: Mr D.E. Hunt (Presiding Member), Mr E. Barnum and Mr G.L. Williams on 25 November 1991.

Appearances: Mr I.M. Wales, instructed by Mr Frederick Smith, appeared for the Law Society of New South Wales; Mr D.M. Geddes, instructed by Messrs Woodgate & Morgan, appeared for Pauline Sheila Johns.

This is an application by the Law Society of New South Wales (the Society) for an order pursuant to Section 120(4) of the Legal Profession Act 1957 the Act) prohibiting any solicitor from employing or paying in connection with the solicitor's practice Pauline Sheila Johns the Clerk unless the Clerk has been given leave under Section 121 of the Act. The Society also seeks an order for payment by the Clerk of the Society's costs of and incidental to the proceedings.

The Society is of the opinion that the Clerk is not a fit and proper person to be employed and paid in connection with a solicitor's practice in that: 1. The Clerk misled the Newcastle Permanent Building Society in relation to the purpose of two loans. 2. The Clerk failed to obtain valid securities in relation to such loans. 3. The Clerk fraudulently altered an Agreement for Sale of Land in order to obtain an advance of moneys. 4. The Clerk dealt with moneys in a manner contrary to the lender's belief and instructions. and 5. The Clerk dealt with moneys in a manner contrary to the provisions of the Legal Profession (Trust Account and Controlled Money) Regulation 1988 contrary to her employer's instructions.