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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 Proceedings Instituted

Allegation / charges

<p>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.</p><p><br></p><p>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.</p><p><br></p><p>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.</p> — 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 was convicted in the District Court of NSW for dishonestly obtaining financial advantage by deception and sentenced to two years and three months imprisonment (non-parole ten months). She had dishonestly misappropriated $987,252.86 held on trust across five client matters while sole principal of her practice, and failed to maintain proper trust records. The tribunal found her not a fit and proper person to remain on the Supreme Court Roll of Australian lawyers, resulting in her removal from the Roll.

Duties found breached:

Aggravating factors:

  • Sole principal of the law practice at the time of the conduct
  • Large sum misappropriated ($987,252.86)
  • Conduct occurred over an extended period (2013-2017)
  • Multiple client matters affected
  • Sentenced to imprisonment

⚠ 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

  • 📄 Decision / judgment (upstream) unavailable: robots-gated: caselaw.nsw.gov.au disallows /decision for all agents; fetch only via discipline.nsw_caselaw_docs after written permission from caselaw@justice.nsw.gov.au

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