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Managing principal banned for 4 years for covering up ‘inexcusable’ mistake
A Melbourne managing principal who was barred from practising until mid-2027 has told a tribunal she is “incredibly sorry” for submitting a false document to the Supreme Court to cover up an earlier mistake.
Naomi Neilson
Melissa Waduge, also known as Melissa Seremelis, pleaded guilty to two counts of professional misconduct and two counts of unsatisfactory conduct in the Victorian Civil and Administrative Tribunal (VCAT) over a series of incidents at the end of 2016.
Ms Waduge executed an agreement on behalf of her client’s company while supposedly unaware that a personal power of attorney of a sole company director could not be used that way. She also failed to record file notes of her client’s instructions.
When this mistake was made clear to her and a subpoena was issued in the Victorian Supreme Court calling for the production of the power of attorney, Ms Waduge “embarked on a course to cover up her error” by creating and producing a false document.
VCAT member John Sharkie said lack of knowledge of how personal powers of attorney can be used was “inexcusable”, particularly as her client was expecting her to know the proper execution.
“It is fair to say that no one is perfect. Even the most competent legal practitioner can make a mistake,” Mr Sharkie said.
“However, having made an error, the legal practitioner must ‘own’ the consequences and not attempt to cover up the error by resorting to dishonesty. From the perspective of general deterrence, a lengthy period of disqualification is warranted and must be imposed.”
Mr Sharkie went on to say Ms Waduge should have admitted the mistake and accepted responsibility for her error.
“It is never a matter of pride. If there has been a mistake, a legal practitioner ought to admit it. She could have obtained advice [on] how to remedy this situation. There were solutions available which did not involve dishonesty,” Mr Sharkie noted in the written judgment.
The Victorian Legal Services Commissioner had applied to have Ms Waduge’s name be recommended for removal from the roll, but Mr Sharkie said her remorse and the evidence that Ms Waduge has, of her own accord, sought a “deeper understanding” of the area of law, meant she could return to the profession rehabilitated.
Instead, Mr Sharkie ordered that Ms Waduge be prohibited from applying for a practising certificate until July 2027 and that any certificate obtained after that date would be subjected to conditions. Ms Waduge has also been ordered to pay $26,000 in costs.
On Ms Waduge’s behalf, counsel Timothy Scotter told VCAT the offending “was that of a junior practitioner” who had only been practising for a period of two years at the time. He added it was not a mistake Ms Waduge would be likely to make again.
In an October 2022 letter to the court explaining her absence to the hearing, Ms Waduge said she felt “immense pressure” to help her client “given my longstanding relationship” with him.
Ms Waduge said she appreciated the gravity of the conduct and the consequences would “leave an indelible mark on not just my working career but also my life, especially as a lawyer who has, apart from this instance, always been recognised for my empathy and care”.
“Taking away the opportunity to genuinely help people through the wills and estate processes I have largely focused my business on in recent years, and which has become my niche, will leave a large hole which I will struggle to fill, and taking this away from me will leave a deep scar,” Ms Waduge added in the letter.
“The embarrassment I will suffer and the regret that I have, which all essentially stem from my misunderstanding of the creation of a company power of attorney, will be with me forever.
“I am incredibly sorry.”
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
