A Wollongong woman found to have ripped off money from clients while employed as a secretary at Heard McEwen Legal has been banned from working in any law firm in the future without express approval from the profession's independent regulator.
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The NSW Law Society initiated legal proceedings against Lisa Brincat in the NSW Civil and Administrative Tribunal earlier this month seeking to have Brincat "disqualified indefinitely" from working in or managing a law firm.
Lawyers for the organisation claimed Brincat fraudulently transferred approximately $23,000 of client money from Heard McEwen's trust accounts into her own private banks accounts between April 2017 and August 2018 without authority.
It is also alleged Brincat fiddled with almost $90,000 in trust monies, some of which was used to pay bills for other clients - causing irregularities in the trust.
It is not suggested Heard McEwen's partners knew of Brincat's alleged misappropriation. More-so, an affidavit from Heard McEwen's managing director, Nathan Heard, tendered to the tribunal said Brincat was in no way authorised to make any of the transactions she did.
The Law Society argued Brincat's demonstrated she was not a "fit and proper person" to be working in the legal profession.
Brincat did not oppose her disqualification but objected to an order for costs being made against her.
In their recently published judgement, tribunal members Malcolm Schyvens and Francis Marks said they were comfortably satisfied the allegations against Brincat had been established.
"We have found that [Brincat] used trust monies of the law firm for her personal benefit, and that she caused trust account irregularities by intermixing trust monies with other monies," the judgement said.
"[Brincat] has not provided any explanation of her conduct in using some of the trust monies for her own benefit. Nor do we have any satisfactory explanation why [Brincat] intermixed trust monies with other monies and caused trust account irregularities.
"She had been employed by the law firm for a period in excess of four years when she embarked upon the course of conduct which is at the hear of these proceedings.
"[Her] conduct demonstrated she is not a fit and proper person to be employed or paid in connection with the practice of law or to be involved in the management of a law practice."
The tribunal made a formal order disqualifying Brincat from future employment in a law firm, unless the firm seeks prior written approval from the Law Society.
However, Mr Schyvens and Mr Marks declined to make a costs order against Brincat.
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