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NICHOLAS NEIL PETER OUD

JurisdictionAustralia — Western Australia
BodyLegal Practice Board of Western Australia (LPBWA)
Professionlawyer — PO Box 326 BURSWOOD WA 6100
Case numberLegal Profession Complaints Committee v Oud [2019] WASC
Date31 July 2019
HearingSupreme Court of WA
OutcomeStruck Off the Roll of Practitioners

Allegation / charges

Struck Off the Roll of Practitioners

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

SanctionStrike Off
Dishonesty foundYes

The Supreme Court of WA ordered that Nicholas Neil Peter Oud be removed from the Roll of Legal Practitioners following a SAT report finding professional misconduct and unsatisfactory professional conduct. Oud recklessly breached an undertaking by disbursing $300,000 in trust funds, then dishonestly concealed this from a fellow practitioner, improperly attempted to avoid investigation by conditioning repayment on withdrawal of a complaint, and knowingly sent false/misleading correspondence to the Federal Circuit Court and solicitors. The court found serious dishonesty, including intentionally misleading a court, and concluded he was not a fit and proper person. No order as to costs was made as the Committee did not seek costs.

Duties found breached:

Aggravating factors:

  • Serious dishonesty including deliberately misleading a court and other practitioners
  • Repeated conduct, not isolated
  • Large sum of money involved
  • Dishonest evidence given before the Tribunal
  • Almost complete lack of acceptance or appreciation of gravity of misconduct
  • Attempts to blame others and avoid detection by seeking withdrawal of complaint

Mitigating factors:

  • Belated acceptance of full responsibility and acceptance of all misconduct findings at the Supreme Court hearing
  • Claimed 'new realisation' and insight

Duties engaged

Other decisions involving this respondent

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Documents

Source: https://www.lpbwa.org.au/getmedia/e88f5464-6f25-45e2-b150-f9c594dd81c1/register_of_disciplinary_action.pdf