Queensland Law Society Inc v. Ebbett

[2005] QSC 223

[2005] QSC 223

SUPREME COURT OF QUEENSLAND

CIVIL JURISDICTION

BYRNE J

No S8333 of 2002

QUEENSLAND LAW SOCIETY INCORPORATED (ABN 33 423 389 441) AS RECEIVER OF THE TRUST PROPERTY OF DEBERA ANNE EBBETT	Applicant
and
DEBERA ANNE EBBETT	Respondent

BRISBANE

..DATE 02/08/2005

SENTENCE

HIS HONOUR:  The respondent is aged 46.  She was a mature age

entry student at QUT Law School.  She commenced practice in

the early 1990s.  She was struck off in August of 2002 for

misconduct, principally misleading the Court. 

She has no prior convictions of any sort.

There is nothing to suggest that the misconduct of which she

has been convicted here involved an attempt to disguise

trust account defalcation or other inappropriate dealings.

The most likely explanation for the default is an

unwillingness on her part to pursue in a prompt way the

necessary exploration of her computer to ensure that the cash

ledgers for the five or six week period towards the end of

November and through December 2001 would be made available.

There is no suggestion that any member of the public has

suffered a loss as a consequence of her default.  But the

administration of the receivership was delayed, and for many

months information which was necessary to complete the

administration was not provided - indeed, not until October

2004, on the day on which the application to commit her for

contempt of Court was heard.

There is no satisfactory explanation as to why the information

was not provided at an earlier date.  There were troubles in

the respondent's life at the time; and she may have considered

that other things required her attention in priority to her

compliance with the order.  But if that be the explanation, it

is certainly no reasonable excuse.

In all the circumstances, I consider that the first breach, in

respect of which there will be a conviction, need not be

further punished.

In respect of the second, I consider that a community service

order of 75 hours is appropriate.

Now, Mrs Ebbett, the purpose of a community service order is

to enable you to work out in the community which you have

wronged by your contempt of Court a measure of punishment.

The effect of the order is that you are required to perform

unpaid community service for the number of hours stated in the

order.  The order may be amended or revoked on your

application or on the application of an authorised corrective

services officer or the Director of Public Prosecutions.  If

you contravene the requirements of the order you may be

brought back and resentenced for the offences of which you

have been convicted today.

The requirements of the community service order would be that

you:

(1) must not commit another offence during the period of the

order;

(2) must report to an authorised corrective services officer

at the place and within the time stated in the order;

(3) must report to and receive visits from an authorised

corrective services officer as directed by the officer;

(4) must perform in a satisfactory way community service

directed by an authorised corrective services officer for

the number of hours stated in the order and at times

directed by the corrective services officer;

(5) must notify an authorised corrective services officer of

every change of your place of residence or employment

within two business days after the change happens;

(6) must not leave or stay out of Queensland without the

permission of an authorised corrective services officer;

(7) must comply with every reasonable direction of an

authorised corrective services officer.

Now, a community service order may only be made if you agree

to the orders being made and also agree to comply with the

order as made or as may later be amended.  I have in mind, as

I have indicated, an order that would require you to perform

unpaid community service for 75 hours.  Do you agree to that

order being made and to comply with its requirements as I have

stated them?

RESPONDENT:  Yes, your Honour.

HIS HONOUR:  Very well.  There will be an order for community

service in the terms I have indicated.  Where shall she

report, Mr Wilson?

MR WILSON:  Your Honour, I know there is one at Logan, but I

am not sure if there is one at Browns Plains and Beaudesert.

If perhaps your Honour just indicated Logan.

HIS HONOUR:  Report to Logan on or before the 5th of August

2005.

Now, costs. 

Order that the applicant recover from the respondent its costs

of and incidental to the proceedings.  Are there any reserved

costs?

MR PERRY:  No, there are not, your Honour.

HIS HONOUR:  To be assessed.  Anything further?

MR PERRY:  No, thank you.

HIS HONOUR:  I wish to express my appreciation to both of you,

Mr Perry and Mr Wilson, for the helpful ways in which you have

both gone about preparing your helpful and comprehensive

submissions.

MR WILSON:  Thank you.

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