Suzanne is a solicitor who works in a family law firm in Parramatta. Suzanne has been representing her client Felicia for 18 months in her divorce and property settlement with her ex-husband Mark. At a hearing before the Family Court of Australia on 13 March 2021, Suzanne tendered a document setting out Felicias financial position. This document, compelled by the Family Law Rules 2004 (Cth), requires Felicia to fully and frankly state all of her assets and liabilities, including details of the specific categories of her assets, any interests, or potential interests, in property, other financial products or resources and specific details of any liabilities. Felicia had made a large amount of money buying and selling bitcoin and had an asset portfolio of over $40,000,000. In the tendered document Suzanne indicated that Felicia was going to continue to live in her $5,000,000 Eastern suburbs apartment, and had $35,000,000 in cash assets. Because Mark had been the primary caregiver to the couples only child, Julie, Mark was going to continue to live in the matrimonial home, receive a cash payout of $5,000,000 and take sole ownership of a share in a ski-lodge at Thredbo worth $2,000,000. Both Mark and Felicia loved skiing. In January 2021, Felicia had an opportunity to purchase a share in the same ski-lodge, and in February 2021 signed a contract to purchase that share for $2,000,000. During a pre-hearing conference on 2 March 2021 Felicia told Suzanne that she did not want Mark to know about her purchase of the share in the ski-lodge, because he would get really upset about seeing me every winter. Suzanne agreed that it was best to keep quiet about the purchase so as not to upset the property settlement negotiations. Accordingly, when Suzanne lodged the document on 13 March 2021 she held out Felicias financial position as that which existed pre-February 2021. Suzanne justified this on the basis that Felicias overall asset value in March 2021 remained the same and Mark was always aware of that total value and would receive a fair settlement. On 14 March 2021 Mark agreed to the property settlement and the Family Court endorsed the agreement between Felicia and Mark.

On 28 April 2021 Mark took Julie down to Thredbo for a holiday and to go hiking. There he ran into Felicia with her new lover. Felicia told Mark that she had purchased a share in the ski lodge and that Mark needed to get over it. Mark was upset, felt deceived and lodged a complaint about Suzanne with the Office of the Legal Services Commissioner.

Advise Suzanne about her actions. In your response make specific reference to common law and statute and possible disciplinary consequences Suzanne may face.