Council of the Law Society of the Act v Legal Practitioner “WA” (Michael Wasef) (Occupational Discipline)

The case before the tribunal involved an application by the Law Society of the Australian Capital Territory against a legal practitioner, Michael Wasef, alleging professional misconduct. The applicant, the Law Society, alleged that the practitioner had misappropriated trust funds amounting to over $47,000 and had failed to provide a full and accurate account of his dealings with client monies, thereby breaching Rule 39.2 of the Solicitors Rules. The practitioner admitted to misappropriating funds but denied breaching Rule 39.2. The tribunal found that the practitioner's conduct amounted to professional misconduct and recommended that his name be removed from the local roll. The practitioner had repaid the misappropriated funds with interest, which was noted as a mitigating factor.

The legal issues before the tribunal were whether the practitioner's conduct constituted professional misconduct and, if so, what appropriate disciplinary action should be taken. The tribunal had to consider the seriousness of the misconduct, the practitioner's admissions, and the steps taken to rectify the situation. The tribunal also needed to address the implications of the practitioner's actions on clients in New South Wales, where he had established a separate legal practice. The applicant sought an order for the practitioner’s name to be removed from the local roll, a recommendation to the Supreme Court, and an order for the practitioner to pay the applicant's costs.

The tribunal found the practitioner's conduct to be sufficiently serious to warrant a recommendation that his name be removed from the local roll. The practitioner's admission of misconduct, repayment of funds with interest, and cooperation in the proceedings were considered mitigating factors. However, the tribunal noted that the practitioner had established a separate legal practice in New South Wales, raising concerns about potential risks to clients there. The tribunal requested that the applicant's solicitors bring the decision to the attention of the New South Wales Legal Services Commission and the New South Wales Law Society to ensure appropriate protection for any affected clients. The tribunal also ordered that the practitioner pay the applicant's costs.

The tribunal ordered that the practitioner's name be removed from the local roll and recommended to the Supreme Court that the same action be taken. Additionally, the tribunal ordered that the practitioner pay the applicant's costs, which could be fixed by the tribunal if the parties could not agree on the amount. The tribunal refrained from amending earlier orders but stressed the importance of informing relevant authorities in New South Wales about the decision to safeguard any clients of the practitioner's separate legal practice.