Legal Services Commissioner v Maddock [2021] NSWCATOD 46

Legal Services Commissioner v Maddock [2021] NSWCATOD 46

The Respondent's admitted conduct, in purporting to witness execution of an Enduring Power of Attorney when she had not seen the principal execute it, and in making a false certificate under s 19 of the Powers of Attorney Act 2003 (NSW) when she had not met the principal or explained the instrument to her, was a serious and substantial failure to meet reasonable standards of competence and diligence and was dishonourable conduct unbefitting a legal practitioner. It therefore amounted to professional misconduct under s 297(1)(a) of the Legal Profession Uniform Law (NSW) and at common law. A public reprimand, a $2,500 fine, notification to any future practising certificate authority, and...

Jurisdiction
Australia
Judgment Date
21 April 2021
Procedural Posture
Application for Disciplinary Findings and Orders Against an Australian Legal Practitioner / Determined on the Papers After Hearing Was Dispensed With Pursuant to S 144 of the Legal Profession Uniform Law Application Act 2014 (nsw) and S 50(1)(c) of the Civil and Administrative Tribunal Act 2013 (nsw)
Outcome
The Tribunal found the Respondent guilty of professional misconduct and made protective orders.
Legal Topics
['professional Misconduct' 'false Attestation of Signature' 'enduring Power of Attorney' 'powers of Attorney Act 2003 (nsw) S 19 Certificate' 'instrument of Consent' 'protective Orders' 'reprimand' 'fine' 'costs']
['legal Profession Regulation' 'occupational Discipline'] ['professional Misconduct' 'false Attestation of Signature' 'enduring Power of Attorney' 'powers of Attorney Act 2003 (nsw) S 19 Certificate' 'instrument of Consent' 'protective Orders' 'reprimand' 'fine' 'costs']

Case Brief

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Procedural Posture

Application for Disciplinary Findings and Orders Against an Australian Legal Practitioner / Determined on the Papers After Hearing Was Dispensed With Pursuant to S 144 of the Legal Profession Uniform Law Application Act 2014 (nsw) and S 50(1)(c) of the Civil and Administrative Tribunal Act 2013 (nsw)

Legal Issues

  1. 1 ["Whether the Respondent's admitted conduct in signing as witness to Ms Fanya Sondakh's purported signature on an Enduring Power of Attorney, when she had not witnessed it, amounted to professional misconduct." "Whether the Respondent's admitted conduct in signing a certificate under s 19 of the Powers of Attorney Act 2003 (NSW), when she had not explained the effect of the Enduring Power of Attorney to Ms Sondakh and had not met her, amounted to professional misconduct." 'Whether the orders proposed by the parties in the Instrument of Consent were appropriate protective orders.']

Ratio Decidendi

The Respondent's admitted conduct, in purporting to witness execution of an Enduring Power of Attorney when she had not seen the principal execute it, and in making a false certificate under s 19 of the Powers of Attorney Act 2003 (NSW) when she had not met the principal or explained the instrument to her, was a serious and substantial failure to meet reasonable standards of competence and diligence and was dishonourable conduct unbefitting a legal practitioner. It therefore amounted to professional misconduct under s 297(1)(a) of the Legal Profession Uniform Law (NSW) and at common law. A public reprimand, a $2,500 fine, notification to any future practising certificate authority, and...

Court Disposition

The Tribunal found the Respondent guilty of professional misconduct and made protective orders.

Orders

  • ['The Respondent is publicly reprimanded.' 'The Respondent is to pay a fine of $2,500 within 60 days of the date of this decision.' 'Should the Respondent apply for a practising certificate from either the Law Society of New South Wales or the New South Wales Bar Association (or equivalent interstate regulatory...