Council of the Law Society of New South Wales v Metleg [2015] NSWCATOD 144

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Metleg [2015] NSWCATOD 144 Hearing dates: 23 September 2015 Date of orders: 15 December 2015 Decision date: 15 December 2015 Jurisdiction: Occupational Division Before: D Fairlie, Senior Member M Riordan, Senior Member J Schwager, General Member Decision: 1. The Solicitor is guilty of professional misconduct both at common law and under ss 497 (1) (b) and 498 (1) (a) of the Legal Profession Act 2004.

2. The Solicitor is not a fit and proper person to engage in legal practice and the probability is that she is permanently unfit to practice.

3. The Solicitor's name is removed from the Roll.

4. The Solicitor is to pay the Law Society's costs, as agreed or assessed. Catchwords: Solicitor – disciplinary proceedings – misappropriation – breach of trust account requirements – removal from Roll – absence of 'exceptional circumstances' – order for costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (No. 2) Legal Profession Act 2004 Legal Profession Uniform Law (NSW) No. 16a Legal Profession Uniform Law Application Act (NSW) 2014 No. 16 Cases Cited: Allinson v General Council of Medical Education and Registration [1894] 1 QB 750; Clyne v NSW Bar Association [1960] HCA 40; Council of the Law Society of NSW v Isaac [2012] NSWADT 203; Harvey v Law Society of New South Wales 49 ALJR 362; Incorporated Law Institute of New South Wales v Meagher [1909] HCA 87; Law Society of New South Wales v Foreman 34 NSWLR 408; Law Society of New South Wales v Moulton [1981] 2 NSWLR 736; Meek v Fleming [1961] 2 QB 366; New South Wales Bar Association v Evatt [1968] HCA 20; Prothonotary of the Supreme Court of NSW v P [2003] NSWCA 320; Walter v Council of Queensland Law Society Incorporated 62 ALJR 153; Weaver v NSW Law Society [1979] HCA 35; Wentworth v New South Wales Bar Association [1992] HCA 24; Ziems v Prothonotary of the Supreme Court of NSW [1957] HCA 46. Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Amina Raafat Metleg (also known as Amina Nasser, Pamela Hilton and Isha Itaoui) (Respondent) Representation: Solicitors: Mr L Pierotti (Applicant) File Number(s): 1520044