TERENCE JAMES MALONE

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

The Full Court of Western Australia received a report from the Legal Practitioners Disciplinary Tribunal recommending the practitioner be struck off. The practitioner, formerly practising in Geraldton, disappeared from his practice around March 1998 and left Australia. Investigation revealed he had consistently received client money into his general account and failed to account to clients for money in his trust account, in some cases amounting to stealing over a period of approximately two to three years. The Tribunal made findings of illegal and/or unprofessional conduct on eight references. The Court held that protection of the public and maintenance of proper standards required that the practitioner be struck from the Roll. Although the Tribunal characterised conduct as amounting to stealing, no express finding of dishonesty was quoted.

Duties found breached:

• Honesty
• No improper use of client money
• No baseless or threatened misconduct report
• Good faith and courtesy to colleagues

Aggravating factors:

• Misappropriation/stealing of clients' money over approximately 2-3 years
• Abandoned practice without notice to clients or the Legal Practice Board
• Left Australia and may have changed name
• Refused to return for or participate in the hearing
• Betrayal of clients who depended upon him