Decision record

Green, Barbara Ann

JurisdictionAustralia — New South Wales

BodyOffice of the Legal Services Commissioner (NSW) (OLSC)

Professionsolicitor — Hermann & Green

Case number[2022] NSWCA 257

Date14-Dec-2022

HearingSupreme Court of New South Wales Court of Appeal

OutcomeCosts Removal of lawyer’s name from the Roll of Australian lawyers $0.00

Allegation / charges

On 27 July 2020, the Respondent was convicted in the District Court of New South Wales for dishonestly obtaining financial advantage by deception contrary to s 192E(1)(b) of the Crimes Act 1900 (NSW) and was sentenced to a term of imprisonment of two years and three months with a non-parole period of ten months. The District Court found that between 22 August 2013 and 25 June 2017, the Respondent dishonestly misappropriated $987,252.86 held on trust in relation to five separate client matters. The Respondent was the sole principal of her law practice at the time of the criminal conduct. In addition to the charged conduct, the Respondent failed to maintain proper trust records in relation to five separate client matters in relation to which a reconstruction of the client ledgers was necessary. — Not a fit and proper person to remain on the Supreme Court Roll of Australian lawyers

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

SanctionStrike Off

Dishonesty foundYes

The Respondent, sole principal of a law practice, was convicted in the District Court of NSW on 27 July 2020 for dishonestly obtaining financial advantage by deception and sentenced to two years three months imprisonment (ten-month non-parole period). Between 2013 and 2017 she dishonestly misappropriated $987,252.86 held on trust across five client matters and failed to maintain proper trust records requiring ledger reconstruction. The tribunal found her not a fit and proper person to remain on the Supreme Court Roll of Australian lawyers.

Duties found breached:

Aggravating factors:

Dishonest misappropriation of nearly $1 million held on trust
Conduct occurred over an extended period (August 2013 to June 2017)
Respondent was the sole principal of the law practice at the time
Criminal conviction resulting in imprisonment of two years three months

⚠ figures not found verbatim in the source were dropped: ["extracted_from_register_summary"]

Duties engaged

Other decisions involving this respondent

[2022] NSWCA 257 2022-12-14 · OLSC · Australia — New South Wales · Costs Removal of lawyer’s name from the Roll of Australian …
Decision 2017-06-21 · OLSC · Australia — New South Wales · Immediate suspension of Practising Certificate $0.00 About …

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

Documents

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Source: https://portal.olsc.nsw.gov.au/dasearchbn/daresultdetail/?id=aded7349-ac34-4684-ad4e-7ec901263b8d