Legal Practitioners Conduct Board v Lind (No 2)

The Legal Practitioners Conduct Board applied to the Supreme Court of South Australia for an order striking off legal practitioner Katrina Jayne Lind from the roll of legal practitioners. Following a hearing, the Court indicated it would not make an order for striking off or suspension, but instead proposed to impose conditions on Ms Lind's practising certificate, including supervision for three years, a limit on the number of files she could handle, a fine of $20,000, and an order for costs. The matter was adjourned to allow formal orders to be agreed.

At the adjourned hearing on 12 October 2011, Ms Lind was absent and had not provided instructions for the agreed orders, having been in Hawaii. Her solicitor sought an adjournment, but the Court indicated any such application would need to be made during the hearing. The Court was concerned that Ms Lind's absence and failure to provide instructions might indicate a repeat of the unprofessional conduct that had led to the original proceedings.

The Court's reasoning for making an interim order suspending Ms Lind from practice stemmed from her failure to attend the adjourned hearing and provide instructions for the proposed orders. This conduct was viewed as potentially indicative of a recurrence of the unprofessional conduct previously found against her. The Court had previously determined that striking off or suspension was not warranted, but that conditions, including supervision and a file limit, were appropriate. The interim suspension was made in light of the practitioner's non-compliance and absence at the crucial stage of formalising the Court's earlier determinations.

On 12 October 2011, the Court made an interim order suspending Katrina Jayne Lind from practice.