A Brisbane solicitor is to be struck off the roll after she misappropriated almost $90,000 from a firm trust account and practised without authority.
Judicial Member Duncan McMeekin KC said there was no other course, in his Queensland Civil and Administrative Tribunal decision delivered on 30 October in Brisbane.
Between 18 January and 17 August 2023, the sole practitioner misappropriated $89,800 across 43 transactions from her Brisbane firm’s trust account, for which she was convicted of a serious offence involving dishonesty.
In September 2024, she was sentenced to three years’ imprisonment suspended after four months with a three-year operational period.
Between 4 July 2023 and 31 August 2023, she engaged in legal practice without a practising certificate, working on several property and conveyancing matters.
During that period, she applied to the Queensland Law Society (QLS) for a practising certificate, before disclosing her dishonest misappropriations to the Society.
“A peculiar feature is that after applying to QLS for the grant of the necessary certificate on 14 August 2023 the Respondent continued to engage in legal practice i.e. act for a client and so represent herself as entitled to act as a solicitor on 14 August and 31 August 2023, and again on 17 August 2023 misappropriated further trust monies,” Member McMeekin said.
He said it was relevant to note that in February 2024 she repaid to the Society the trust funds she misappropriated.
The practitioner and the Legal Services Commissioner (LSC) agreed on the characterisation of the conduct and sanction.
Member McMeekin said the tribunal was satisfied the charges brought were established and that the conduct was properly characterised as professional misconduct.
“There is no exceptional aspects of this case. Misappropriating monies from a trust account, to do so on numerous occasions, over an extended period, and in substantial amounts, needs no further explanation or discussion. The conduct amounts to professional misconduct,” he said.
“There was no inadvertence about the failure to obtain the practising certificate.
“The Respondent had been in practice since October 2016 and should have been well aware of her obligations by June 2023 when it was time to renew the certificate.
“She was clearly aware of her failure to comply with the obligations under the LPA (Legal Profession Act 2007) by 14 August 2023 when she applied to renew but again flouted the law in continuing to act.
“The danger to her clients was in acting when uninsured. Her behaviour is incomprehensible.”
Member McMeekin said obviously a practitioner who misappropriated trust funds was not a fit and proper person to appear on the roll.
“The respondent here acted dishonestly – on many occasions,” he said, pointing out that the nature of the professional misconduct was enough to warrant a conclusion that the practitioner was permanently unfit to practise.
He also ordered the practitioner pay the LSC’s costs.
Read the decision here.
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