Council of the Law Society of NSW v Zhukovska (No 2) [2019] NSWCATOD 196

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Zhukovska (No 2) [2019] NSWCATOD 196 Hearing dates: 5 November 2019 Date of orders: 05 November 2019 Decision date: 05 November 2019 Jurisdiction: Occupational Division Before: J S Currie, Senior Member M Sindler, Senior Member J Schwager AO, General Member Decision: (1) The local practising certificate of Myroslava Zhukovska is cancelled and any new practising certificate shall not be issued to Myroslava Zhukovska before the end of 12 months from the date of these orders. (2) Myroslava Zhukovska is fined $9000. (3) Myroslava Zhukovska is reprimanded. (4) Myroslava Zhukovska is to pay the Law Society's costs of and incidental to these proceedings, as agreed or assessed. Catchwords: PROFESSIONS AND TRADES – solicitor –professional disciplinary proceedings – penalty orders – findings of professional misconduct and unsatisfactory professional conduct at earlier hearing – solicitor's client a person of advanced years – solicitor appointed as attorney – solicitor's use of estate management structures including a trust on client's behalf

Findings of professional misconduct at previous hearing – absence of independent advice on proposed estate – planning structures – effect of deed of successor appointor – unsecured loans to clients from a trust without instructions or knowledge of client – breach of Legal Profession Act 2004 (NSW) s 479 – overcharging – preferring solicitor's own interests to those of her client – breach of fiduciary duty