Terepo v Council of the Law Society of New South Wales

The proceedings involved an appeal by Ms Terepo against orders made by the New South Wales Civil and Administrative Tribunal (NCAT) concerning findings of professional misconduct and unsatisfactory professional conduct. The Law Society of New South Wales had initially sought to have Ms Terepo's name removed from the Roll of Solicitors. However, the parties subsequently sought to have consent orders made by the Court of Appeal.

The Court of Appeal was required to determine whether it was appropriate to make consent orders, particularly given that the Tribunal had exceeded its jurisdiction by finding a "reckless indifference" that went beyond the allegations put forward by the Law Society. The Court also had to consider the appropriate disciplinary outcome for the admitted professional misconduct.

The Court reasoned that the Tribunal's finding of reckless indifference was impermissible as it was not based on the allegations presented. Consequently, the Court set aside the Tribunal's order recommending the removal of Ms Terepo's name from the Roll. In lieu of removal, the Court, by consent, declared Ms Terepo guilty of professional misconduct in relation to specific breaches of the *Legal Profession Act 2004* and the *Legal Profession Uniform Law (NSW)*, including misappropriation of trust funds, causing a deficiency in her trust account, failing to keep proper trust records, and failing to notify the Law Society of irregularities.

The Court ordered that Ms Terepo would not be permitted to apply for a new practising certificate unless she satisfied an educational condition. This condition required her to undertake, complete, and pass, at her own expense, the Ethics component of the Practical Legal Training course and the Trust Account component of the Practice Management course, or equivalent approved courses. The Law Society's summons for removal was dismissed, and no order was made as to the costs of the appeal.