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Terepo, Sesilia Fehoko

JurisdictionAustralia — New South Wales
BodyOffice of the Legal Services Commissioner (NSW) (OLSC)
Professionsolicitor — LMJ Lawyers
Date25-Oct-2022
HearingSupreme Court of New South Wales Court of Appeal
Outcome1. Not be permitted to apply for a new practising certificate unless the following condition is satisfied: (a) Must, at her own expense, undertake, complete and pass (achieving a pass mark of not less than 70% or equivalent as approved by the Director, Legal Regulation of the Law Society (Director) acting reasonably) the Ethics component of the Practical Legal Training course conducted by the College of Law and the Trust Account component of the Practice Management course conducted by the Law Society of NSW (or such other course(s) as may be approved by the Director acting reasonably). (b) Is to provide to the Director the original result notification from the provider/s of those courses. $0.00 Proceedings Instituted

Allegation / charges

<ol><li>Misappropriated the sum of $850 withdrawn in cash on 9&nbsp;December 2014 (Cash Withdrawal) from the trust account of her former law practice&nbsp;LMJ Lawyers&nbsp;(Law Practice);</li><li>Caused a deficiency in the trust account of&nbsp;her&nbsp;Law Practice by the Cash&nbsp;Withdrawal;</li><li>Breached s 255 of the&nbsp;<em>Legal Profession Act 2004</em>&nbsp;by reason of the 39&nbsp;withdrawals totalling&nbsp;$13,020.50<strong>&nbsp;</strong>being made<strong>&nbsp;</strong>from the trust account of the Law Practice&nbsp;made between&nbsp;3 November 2014&nbsp;and 2 February 2015<em>,</em>&nbsp;including the Cash Withdrawal,&nbsp;and&nbsp;disbursing those&nbsp;amounts;</li><li>Breached s 255A&nbsp;of the&nbsp;<em>Legal Profession Act 2004</em>&nbsp;by making the Cash&nbsp;Withdrawal;</li><li>Breached s 264 of the&nbsp;<em>Legal Profession Act 2004</em>&nbsp;in&nbsp;the period 20 February 2014 to 29 June 2015&nbsp;in that&nbsp;the trust&nbsp;records of the Law Practice were not kept in such a manner as to disclose their true&nbsp;position;</li><li>Breached s 263 of the&nbsp;<em>Legal Profession Act 2004&nbsp;</em>in that she did not, as soon as practicable after becoming aware that there was an irregularity in the trust account&nbsp;of the Law Practice, give written notice of the irregularity to the Law&nbsp;Society;</li><li>Failed to comply with&nbsp;the&nbsp;notice&nbsp;under s 371 of the&nbsp;<em>Legal Profession Uniform Law&nbsp;</em>(NSW)&nbsp;served on&nbsp;her on&nbsp;30 May 2016 by failing to provide the written information and documentation sought in the Notice.</li></ol> — Professional Misconduct

Documents

No documents recorded.

Source: https://portal.olsc.nsw.gov.au/dasearchbn/daresultdetail?id=95f69f90-2c19-401d-b3be-403de3329bd2