Carol Anne Foreman [1993] NSWLST 15

Carol Anne Foreman [1993] NSWLST 15

The Tribunal found that Carol Anne Foreman engaged in professional misconduct by deliberately misleading the Family Court through the creation and production of a reconstructed time sheet, propounding a false document, and by failing to conduct herself with honesty and candour before the Tribunal. The Tribunal found these acts constituted deliberate, calculated misconduct going to the heart of the solicitor’s obligations to the Court and professional standards, but considered the misconduct isolated and not indicative of general unfitness to practise. Removal from the roll was not warranted; a substantial fine was imposed instead.

Jurisdiction
Australia
Judgment Date
19 October 1993
Procedural Posture
Disciplinary Tribunal Proceeding / Judgment After Hearing
Outcome
Professional misconduct established on three complaints; other complaints dismissed; not unfit to practise; fine imposed; costs reserved.
Legal Topics
['professional Misconduct' 'misleading Court' 'document Fabrication' 'overcharging' 'duty of Candour' 'solicitor’s Obligations' 'costs Agreements']
['legal Profession' 'professional Discipline' 'family Law'] ['professional Misconduct' 'misleading Court' 'document Fabrication' 'overcharging' 'duty of Candour' 'solicitor’s Obligations' 'costs Agreements']

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Procedural Posture

Disciplinary Tribunal Proceeding / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the solicitor misled the Family Court by failing to produce the original time sheet and producing a materially different document' 'Whether the solicitor engaged in professional misconduct by fabricating and propounding false documents' 'Whether the solicitor overcharged her client in professional fees' 'Whether the solicitor failed to act with candour and honesty before the Tribunal' 'Whether evidence supported claims of abuse of process or improper receipt and use of documents']

Ratio Decidendi

The Tribunal found that Carol Anne Foreman engaged in professional misconduct by deliberately misleading the Family Court through the creation and production of a reconstructed time sheet, propounding a false document, and by failing to conduct herself with honesty and candour before the Tribunal. The Tribunal found these acts constituted deliberate, calculated misconduct going to the heart of the solicitor’s obligations to the Court and professional standards, but considered the misconduct isolated and not indicative of general unfitness to practise. Removal from the roll was not warranted; a substantial fine was imposed instead.

Court Disposition

Professional misconduct established on three complaints; other complaints dismissed; not unfit to practise; fine imposed; costs reserved.

Orders

  • ['The solicitor must pay a fine of $20,000 within three months of the order.' 'If the fine is not paid, the practising certificate will be cancelled and not reissued until compliance.' 'Costs of both parties reserved pending further order.']