NICHOLAS NEIL PETER OUD

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

Nicholas Neil Peter Oud, a WA sole practitioner, was found guilty of professional misconduct and unsatisfactory professional conduct across six grounds arising from the financing of a platinum purchase. He breached a solicitor's undertaking by disbursing $300,000 of trust funds without required consents, kept inaccurate trust records, failed to provide a trust receipt, misled a fellow practitioner into believing funds remained in trust, conveyed an offer contingent on withdrawal of a complaint, and knowingly sent false and misleading letters to the Federal Circuit Court and another law firm. The Tribunal expressly found he was a deliberately dishonest witness with no insight or remorse. In its penalty decision (22 January 2019) the Tribunal imposed a global penalty: it transmitted a report to the Supreme Court (Full Bench) recommending removal from the Roll, suspended his practising certificate pending that determination, and ordered him to pay the Committee's costs of $53,522.70 within 30 days.

Duties found breached:

• Uphold public trust in the profession
• No baseless or threatened misconduct report
• Good faith and courtesy to colleagues

Aggravating factors:

• Deliberate and repeated dishonesty, not isolated
• Deliberately dishonest and evasive witness before the Tribunal
• Complete lack of insight or remorse; continued to challenge findings in penalty submissions
• Financial motive for some of the misconduct (repayment of $20,000 loan; $10,000 payment)
• Experienced sole practitioner (admitted 1995) with over 20 years' practice, not acting under pressure from others
• Misled a court, fellow practitioners and breached a fundamental duty

Mitigating factors:

• No relevant prior disciplinary history (though of limited significance in a case of serious dishonesty)