Council of the Law Society of New South Wales v Terepo [2018] NSWCATOD 106

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Terepo [2018] NSWCATOD 106 Hearing dates: 18 August 2017; 23 February 2018 Date of orders: 02 July 2018 Decision date: 02 July 2018 Jurisdiction: Occupational Division Before: J. S. Currie (Senior Member) P Moran (Senior Member) M Bolt (General Member) Decision: (1) We find the Solicitor guilty of professional misconduct, on the basis of our findings that grounds 1, 2 and 3 have been made out.

(2) We find the Solicitor guilty of unsatisfactory professional conduct on the basis of our finding that ground 4 has been made out.

(3) We direct the Law Society to undertake all reasonable steps to give to the Solicitor a copy of these Reasons.

(4) We direct that the matter be listed on 1 August 2018 at 10:30 am for directions and for a date to be fixed for determination by us of disciplinary orders. Catchwords: PROFESSIONS & TRADES - Solicitor - professional disciplinary proceedings - findings of professional misconduct and unsatisfactory professional conduct - unauthorised withdrawal of trust monies - failure to comply with section 371 Notice Legislation Cited: Civil and Administrative Tribunal Rules 2014 (NSW) Legal Profession Uniform Law (NSW) Legal Profession Act 2004 (NSW) Legal Profession Regulations 2005 (NSW) Cases Cited: Allinson v General Counsel of Medical Education and Registration [1894] 1 QB 750 Barwick v The Council of the Law Society of NSW [2004] NSWCA 32 Bechara v Legal Services Commissioner [2010] NSWCA 369 Brereton v Legal Services Commissioner [2010] BSC 378 Council of the Law Society of New South Wales v Bharati [2010] NSW ADT 159 Council of the NSW Bar Association v Asuzu [2011] NSW ADT 209 Council of the NSW Bar Association v Sahade [2007] NSWCA 145 Dupal v Law Society of New South Wales [1990] NSWCA 56 Ex parte MacAulay [1930] 30 SR NSW 193 Harvey v Law Society of New South Wales [1975] 49 ALJR 362 Kennedy v The Council of the Incorporated Law Institute [1939] 13 ALJ 563 Law Society of New South Wales v Foreman (No 2) [1994] 34 NSWLR 408 Law Society of New South Wales v Foreman (No. 2) [1994] 34 NSWLR 408 Law Society of New South Wales v Walsh [1997] NSWCA 185 Malfanti v The Legal Profession Disciplinary Tribunal [1993] NSWCA 171 The Prothonotary of the Supreme Court of NSW v Dimitrios [2015] NSWCA 258 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Sesilia Fehoko Terepo (nee Latu) (Respondent) Representation: Solicitors: Law Society of NSW (Applicant) File Number(s): 2017/00069942 Publication restriction: Nil