Legal Practitioners Complaints Committee v Edward

The Legal Practitioners Complaints Committee applied for an order that Patricia May Verschuer Edward's name be struck off the roll of practitioners of this court, or that she be suspended from practice for five years and fined $10,000, and that she pay costs. The application was made following a reference to the court by the State Administrative Tribunal, which had found Edward guilty of unsatisfactory conduct. The Tribunal had found that Edward had made withdrawals from a testamentary fund for her own benefit, although the withdrawals had subsequently been repaid, and that she had failed to keep complete records. However, the Tribunal found that Edward had no intention of benefiting herself at the expense of others and that she had not acted dishonestly. The Tribunal also found that the circumstances were unusual, and that Edward had been practising under supervision since the Tribunal's findings.

The legal issues before the court were whether the Tribunal's findings of unsatisfactory conduct justified the striking off of Edward's name from the roll of practitioners, or a suspension for five years, a fine of $10,000, and an order that she pay costs. The court noted that the Tribunal's findings were conclusive as to all facts and findings mentioned or contained in the report. The court also noted that the powers of the full bench were set out in s 194 of the Legal Practice Act 2003, which enabled the court to make any order which the State Administrative Tribunal might make under s 185(2)(b). The court considered the nature and extent of Edward's unsatisfactory conduct, and the Tribunal's findings that she had not acted dishonestly and that the circumstances were unusual. The court also considered that Edward had been practising under supervision since the Tribunal's findings.

The court held that the Tribunal's findings of unsatisfactory conduct did not justify the striking off of Edward's name from the roll of practitioners, or a suspension for five years, a fine of $10,000, and an order that she pay costs. The court held that the Tribunal's findings were supported by the evidence and that there were no grounds for interfering with them. The court held that the unsatisfactory conduct was not of such a nature or extent as to warrant the striking off of Edward's name from the roll of practitioners, or a suspension for five years, a fine of $10,000, and an order that she pay costs. The court held that the circumstances were unusual and that Edward had been practising under supervision since the Tribunal's findings. The court held that an order for the supervision of Edward's trust account should continue for a period of two years from the date of the Tribunal's order.

The orders of the court were that the application be dismissed, and that the order made by the Tribunal for the supervision of Edward's trust account be continued for a period of two years from the date of the Tribunal's order.