Commissioner for Fair Trading v Walker [2004] NSWADT 139

Commissioner for Fair Trading v Walker [2004] NSWADT 139

The Conveyancer received a stamp duty refund cheque on behalf of her clients, cashed it, retained $1,596.00 for her own fees and paid the balance to the clients without having held and disbursed the money in accordance with section 25 of the Conveyancers Licensing Act 1995. Because she admitted contraventions of section 25(1) and section 25(2), and section 25(7) makes any contravention professional misconduct, the Tribunal found her guilty of professional misconduct. In assessing penalty, the Tribunal considered her admissions, restitution, prior rendering of an account, explanation, contrition, absence of prior formal complaints and excellent character, and imposed a private reprimand...

Jurisdiction
Australia
Judgment Date
12 July 2004
Procedural Posture
Professional Misconduct Information Against a Licensed Conveyancer / Principal Matter; Decision on Liability and Penalty
Outcome
The Tribunal found the Conveyancer guilty of professional misconduct and imposed a private reprimand and a costs order.
Legal Topics
['professional Misconduct' 'conveyancer Trust Money Obligations' 'failure to Disburse Money in Accordance With Client Directions' 'private Reprimand' 'costs']
['administrative Law' 'occupational Discipline' 'conveyancing' 'trust Money'] ['professional Misconduct' 'conveyancer Trust Money Obligations' 'failure to Disburse Money in Accordance With Client Directions' 'private Reprimand' 'costs']

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Procedural Posture

Professional Misconduct Information Against a Licensed Conveyancer / Principal Matter; Decision on Liability and Penalty

Legal Issues

  1. 1 ['Whether the Conveyancer contravened section 25(1) and section 25(2) of the Conveyancers Licensing Act 1995 in dealing with a stamp duty refund cheque received on behalf of clients.' 'Whether the contraventions amounted to professional misconduct under section 25(7) of the Conveyancers Licensing Act 1995.' 'What penalty should be imposed after a finding of professional misconduct.']

Ratio Decidendi

The Conveyancer received a stamp duty refund cheque on behalf of her clients, cashed it, retained $1,596.00 for her own fees and paid the balance to the clients without having held and disbursed the money in accordance with section 25 of the Conveyancers Licensing Act 1995. Because she admitted contraventions of section 25(1) and section 25(2), and section 25(7) makes any contravention professional misconduct, the Tribunal found her guilty of professional misconduct. In assessing penalty, the Tribunal considered her admissions, restitution, prior rendering of an account, explanation, contrition, absence of prior formal complaints and excellent character, and imposed a private reprimand...

Court Disposition

The Tribunal found the Conveyancer guilty of professional misconduct and imposed a private reprimand and a costs order.

Orders

  • ['The Conveyancer is guilty of Professional Misconduct.' 'The Conveyancer is privately reprimanded.' 'The Conveyancer pay the costs of the Office of Fair Trading within one calendar month of the date of this order. Liberty to apply if payment is not made.']