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Maloney, Shane Michael

JurisdictionAustralia — New South Wales
BodyOffice of the Legal Services Commissioner (NSW) (OLSC)
Professionsolicitor — (Formerly) North Coast Prime Law
Case number[2012] NSWADT 259
Date24-Aug-2012
HearingLegal Services Division of the Administrative Decisions Tribunal
OutcomeCosts Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted

Allegation / charges

<p><span style="color: rgb(0, 0, 0);">1. Breach of Section 264 of the Legal Profession Act 2004 - by not depositing trust money into a trust account (x4)</span></p><p><span style="color: rgb(0, 0, 0);">2. Breach of Section 260 of the Legal Profession Act 2004 - by intermixing trust money with other money (x3)</span></p><p><span style="color: rgb(0, 0, 0);">3. Misappropriation of client funds (x8)</span></p><p><span style="color: rgb(0, 0, 0);">4. Breach of Section 264 of the Legal Profession Act 2004 - by not keeping trust records in a way that at all times discloses the true position (x9)</span></p><p><span style="color: rgb(0, 0, 0);">5. Breach of Section 255 of the Legal Profession Act 2004 - by not holding and disbursing trust money exclusively for the benefit of the client (x8)</span></p><p><span style="color: rgb(0, 0, 0);">6. Breach of Section 259 of the Legal Profession Act 2004 - by using trust monry to pay the debts of the law practice (x6)</span></p><p><span style="color: rgb(0, 0, 0);">7. Breach of Section 261 of the Legal Profession Act 2004 - by improperly withdrawing money for the payment of the legal costs owing to the practice</span></p><p><span style="color: rgb(0, 0, 0);">8. Breach of Section 262 of the Legal Profession Act 2004 - by causing a deficiency in a trust account without reasonable excuse (x9)</span></p><p><span style="color: rgb(0, 0, 0);">9. False statement to the executor of an estate with the intention to mislead (x4)</span></p> — Professional Misconduct

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

SanctionOther
Dishonesty foundNo

The practitioner was found guilty of professional misconduct comprising numerous trust account breaches under the Legal Profession Act 2004, including misappropriation of client funds, intermixing and misuse of trust money, failing to keep proper trust records, and making false statements to an estate executor with intent to mislead. The provided text lists the charges but does not record any express finding of dishonesty or state the sanction imposed.

Duties found breached:

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

Duties engaged

Other decisions involving this respondent

  • Decision 2010-09-27 · OLSC · Australia — New South Wales · Immediate suspension of Practising Certificate $0.00 Receiv…

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

Documents

No documents recorded.

Source: https://portal.olsc.nsw.gov.au/dasearchbn/daresultdetail?id=7d5ea7df-b633-eb11-bf74-000d3ad1941e