Decision record
Judith Anne Sheehan
Allegation / charges
The Respondent's conduct with respect to Charges 1,3,4 and 5 constitutes professional misconduct
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Judith Anne Sheehan was appointed legal practitioner director of incorporated legal practice Stenton & Moore from 30 August to 19 December 2018, having been duped by Ms Nerise Moore (a non-solicitor who was running the practice and controlling the trust account fraudulently). She admitted Charges 1, 3, 4 and 5 (management systems, trust account maintenance, unauthorised EFTs, and failure to reconcile) and contested Charge 2 (causing a trust deficiency); the Tribunal found Charge 2 made out, but on a different basis (failure to ensure cheques were signed by an authorised person under s 37(3) LP Regulation) than the applicant argued. Her conduct was characterised as professional misconduct. The Tribunal expressly found no personal dishonesty by the respondent. It declined to recommend removal from the roll, finding she was not permanently unfit. Orders: public reprimand, no local practising certificate before 1 July 2025, and 50% of the applicant's costs (with no costs for certain hearings/the compulsory conference), reflecting exceptional circumstances regarding Charges 1A (withdrawn) and 2.
Duties found breached:
- Accounting records, reconciliation and reports
- No baseless or threatened misconduct report
- Not misrepresent regulated status
Aggravating factors:
- Gross dereliction of duty as LP director over a period approaching four months
- Knew her obligations as she was the LP director of her own incorporated legal practice
- Failed to read serious LSC complaint letters received as LP director
- Failed to call for trust account records or monthly reconciliations
- Relatively slow to extract herself from the practice after concerns arose
- Need for general deterrence and to maintain public confidence in the profession
Mitigating factors:
- Duped/deceived by Ms Moore, who falsely presented herself as a solicitor and misrepresented trust activity
- No personal dishonesty and no personal involvement in Ms Moore's misconduct
- Deep remorse and shame, supported by demeanour at hearing
- No other instances of misconduct, including none in her own practice
- Received no remuneration for the LP director role
- Cooperated in the proceedings; surrendered practising certificate and wound up practice
- Advanced age (admitted at 62)
- Tribunal not satisfied she was permanently unfit to practise
Duties engaged
Documents
Source: https://www.lsc.qld.gov.au/queensland-discipline-register