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ELIZABETH WIESE

JurisdictionAustralia — Western Australia
BodyLegal Practice Board of Western Australia (LPBWA)
Professionlawyer — PO Box 1217 FREMANTLE WA 6173
Case numberLegal Practitioners Complaints Committee v Wiese [2007] WASAT 64
Date14 March 2007
HearingState Administrative Tribunal
OutcomeUnprofessional Conduct and Unsatisfactory Conduct by way of Unprofessional Conduct

Allegation / charges

Unprofessional Conduct and Unsatisfactory Conduct by way of Unprofessional Conduct

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

SanctionFine
CostsAUD 2,000
Dishonesty foundNo

The Legal Practitioners Complaints Committee brought two complaints against practitioner Elizabeth Wiese for trust accounting irregularities identified in a 2006 audit: failing to deposit trust monies to a trust account on 13 occasions, and applying trust monies to costs without serving bills within 14 days on 5 occasions. She admitted the conduct and cooperated fully. No dishonesty was alleged or found; the breaches arose from poor administration, and in every case work in progress exceeded the sums appropriated. The Tribunal accepted the parties' agreed consent orders, finding the practitioner guilty of unprofessional/unsatisfactory conduct and imposing a fine of $3000 plus $1000 costs on each complaint.

Duties found breached:

Aggravating factors:

  • Serious breaches of trust accounting legislation on multiple occasions (13 instances of failure to deposit and 5 instances of improper application of trust funds)

Mitigating factors:

  • No dishonesty found
  • Full cooperation with the Complaints Committee
  • Work in progress substantially exceeded amounts appropriated in every case - not a case of paying herself before work done
  • Bills ultimately rendered in all cases so clients never deprived of right to taxation
  • Breaches essentially administrative in nature arising from poor administration
  • Many instances involved amounts of $1000 or less
  • Practitioner took remedial steps (checks banking daily, employed competent bookkeeper, staff education, weekly compliance reviews)
  • Unlikely to reoffend

⚠ figures not found verbatim in the source were dropped: ["unverified_fine_amount=6000"]

Duties engaged

Other decisions involving this respondent

  • VR 164 of 2019 2021-02-24 · LPBWA · Australia — Western Australia · Professional Misconduct, Unsatisfactory Professional Miscon…
  • VR 193 of 2013 2014-05-21 · LPBWA · Australia — Western Australia · Professional Misconduct

Matched by respondent name — may include a different person with the same name.

Documents

Source: https://www.lpbwa.org.au/getmedia/e88f5464-6f25-45e2-b150-f9c594dd81c1/register_of_disciplinary_action.pdf