Solicitor reprimanded for ‘gross delay’ in client matters
Solicitor reprimanded for ‘gross delay’ in client matters A solicitor who failed to carry out his client’s directions for a period of 14 years has been reprimanded and ordered to take a practice management course.
Naomi Neilson
04 November 2021
Solicitor reprimanded
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The NSW Civil and Administrative Tribunal (NCAT) found solicitor Shaun Titmarsh had engaged in unsatisfactory professional conduct. In addition to the reprimand and a management course, Mr Titmarsh was fined $5,000 and was ordered to pay costs.
The misconduct first occurred in January 1996 when, following the death of one client, he failed to effect the transfer of the title of the land until after the death of the client’s wife in November 2010.
The wife, who was beneficially entitled to the land, died without any transfer having been effected during the 14 year period.
Another gross delay in administering the estate occurred after the death of the wife and during the transfer to another person.
Mr Titmarsh received instructions in November 2010 to make the transfer and administer the estate but did not complete this direction until September 2012, a 22-month period of inaction.
Mr Titmarsh admitted that this was a “gross delay” of his client’s directions and did not oppose the orders being sought against him. He did request at hearing, however, that although he accepted the fine, it should be a “token fine” only.
In previous complaints at the beginning of his career, Mr Titmarsh was accused of causing a delay in the conduct of various matters, a delay or failure to transfer files and a failure to communicate with clients.
A previous hearing also heard he failed to communicate with other solicitors and failed to comply with notices.
The entire judgment can be found on AustLII or JADE: Council of the Law Society of New South Wales v Titmarsh [2021] NSWCATOD 170 (29 October 2021)
Troubled former TV host Andrew O’Keefe has been re-arrested just hours after he appeared in court on Wednesday.
The former Deal or No Deal host was charged on Wednesday afternoon with breaching his bail conditions after he had appeared in the Downing Centre Local Court the same morning.
About 1pm today (Wednesday 7 August 2024), officers attached to Eastern Suburbs Police Area Command arrested a 52-year-old man at a home in Vaucluse,” police said in a statement.
“It is alleged the man had been breaching his bail conditions.
“He was taken to Waverley Police Station and will appear before Waverley Local Court to have his bail redetermined.”
O’Keefe was granted bail at the end of July after he was charged with intimidation and breaching an apprehended violence order. He also allegedly returned a positive roadside drug test.
News Corp reported on Wednesday that O’Keefe had told the Downing Centre Local Court there was a “shifting about what was going to be pled to on the other side”.
Hours later, he allegedly breached his bail conditions by contacting the alleged victim of intimidation.
He was picked up at his Eastern Suburbs home and taken to Waverley Police Station and is expected to appear in Waverley Local Court on Wednesday afternoon.
More to come.
