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Weller, Herbert Hugo

JurisdictionAustralia — New South Wales
BodyOffice of the Legal Services Commissioner (NSW) (OLSC)
Professionsolicitor — Herbert Weller
Case number[2022] NSWCATOD 67
Date25-Nov-2020
HearingNSW Legal Services Commissioner
OutcomeFine Reprimand $3,000.00 Appeal Status: Dismissed Appeal Decision

Allegation / charges

<p><span style="color: rgb(0, 0, 0);">1. Taking instructions from an aged client who lacked capacity to:</span></p><p><span style="color: rgb(0, 0, 0);">(a) become an enduring attorney for a person in an aged care facility; and</span></p><p><span style="color: rgb(0, 0, 0);">(b) to commence Supreme Court proceedings for a writ of habeas corpus</span></p><p><span style="color: rgb(0, 0, 0);">2. Failure to act competently or in the best interests of his client</span></p><p><span style="color: rgb(0, 0, 0);">3. Failure to act competently and diligently in the preparation and execution of a revocation of a power of attorney, an enduring power of attorney and an appointment of enduring guardian by an aged client who lacked capacity</span></p><p><span style="color: rgb(0, 0, 0);">4. Failure to act competently and diligently in the conduct of Supreme Court proceedings</span></p> — Unsatisfactory Professional Conduct

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

SanctionOther
Dishonesty foundNo

A practitioner was found to have engaged in unsatisfactory professional conduct arising from taking instructions from an aged client who lacked capacity, failing to act competently and diligently in preparing powers of attorney and guardianship documents, and in conducting Supreme Court habeas corpus proceedings. No express finding of dishonesty was made, and no specific sanction is set out in the provided text.

Duties found breached:

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

Duties engaged

Other decisions involving this respondent

  • [2022] NSWCATOD 67 2020-11-25 · OLSC · Australia — New South Wales · Fine Reprimand $2,000.00 Appeal Status: Dismissed Appeal De…
  • Decision 2015-11-24 · OLSC · Australia — New South Wales · Compensation Order Reprimand $0.00 About ​ About the OLSC T…

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Documents

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Source: https://portal.olsc.nsw.gov.au/dasearchbn/daresultdetail?id=071ef17e-d4c7-4151-9708-e7981c3f7c8f