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WA soli disciplined for recklessly misleading Family Court

August 10th, 2011 · 1 Comment

Update, 22 September 2011:  Here is the penalty decision.  The Complaints Committee argued for a report to the Supreme Court recommending striking off, but the Tribunal found that was not necessary and imposed a $20,000 on top of a costs order of about $18,000. But for the fact that the former solicitor was, at the time of the decision, a Registrar of the Family Court, the Tribunal would have considered a suspension, but as the job did not require a practising certificate, such an order would have no practical effect.

Original post: Western Australia’s State Administrative Tribunal has put out a substantial decision about misleading the court by silence: Legal Profession Complaints Committee and SMV [2011] WASAT 118.  Something tells me I won’t get around to blogging it properly any time soon, so here is the link and the Tribunal’s own summary:

‘The Legal Profession Complaints Committee made a number of allegations against a legal practitioner, Ms Sally Vanderfeen, of professional misconduct in connection with obtaining and attempting to implement consent orders in the family court for the purposes of defeating a claim to specific performance by a third party in relation to one of the properties the subject of the consent orders.

The conduct essentially concerned failure to notify the Court or the third party of the orders and of the practitioner’s client’s interest in the property pursuant to those orders. The Complaints Committee also made an allegation that the practitioner had misled the Committee in the context of the Committee’s enquires into the relevant events.

Ms Vanderfeen acknowledged that aspects of her conduct involved ‘serious errors of judgment’, but denied that her conduct was designed to defeat the third party’s claims. The Tribunal reviewed the documentary records of relevant events and concluded that they established that Ms Vanderfeen’s actions were motivated by an intention to improve the prospects that the third party would not pursue a claim for specific performance, and that the Complaints Committee’s allegations in relation to those matters were established.’

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Tags: Discipline · duty to court · Ethics · fraud · litigation ethics