33 The particulars further state that between 1986 and 1990 the only activity by Mr Elsey, or anyone, on the Godfrey Virtue file related to the management of the real property. Accounts continued to be paid from the funds of the estate which were held in the [firm's] trust account.
34 The particulars further allege that on 10 January 1990 Mr Elsey reviewed the file and made a file note summarising the position of the estate and requesting the "partners" to consider the contents of his file note and let him know what was to be done, which he gave to Mr Monaco. The Complaints Committee allege that Mr Monaco received the note, but took no action except to suggest to Mr Elsey that he endeavour to locate the appropriate beneficiary by carrying out an electoral roll search.
35 The particulars state that on 4 February 1991, Mr Elsey performed an electoral roll search in respect of "Stephen John W", but no such name was found on the electoral rolls.
36 The particulars further state that Mr Monaco took no further action in relation to the file until he received a message to telephone "Tracey" at the Shire of Busselton on 21 February 1992, with regard to outstanding rates for the land and house. This led to Mr Monaco requesting Mr Elsey to provide the file to him. It is alleged that the practitioner then took no action in relation to the file except to authorise the payment of the outstanding rates.
37 The particulars go on to state that on 18 June 1996, Mr Elsey conferred with Mr Bragg about what should be done on the file and that Mr Bragg took no action except to suggest that Mr Elsey do an electoral roll search and write to the Registrar of Births and Deaths in an attempt to locate the grandson.
38 The Committee allege that on 19 June 1996 Mr Elsey requested a second electorate roll search and that the clerk who performed the search, wrote a memo to Mr Elsey stating No Stephen John (John Stephen W ... ) and an address at a place near Albany, Western Australia. The particulars allege that no action was taken in relation to that information, even though the "John Stephen W" at the address nominated ultimately turned out to have been the correct beneficiary though this was not discovered until some years later.
39 The particulars further allege that on 19 June 1996, Mr Elsey wrote to the Registrar General requesting that they search their records for the birth or death of "John Stephen W". The Registrar General replied that they required their fee to be paid before any search could be conducted. The particulars claim that no action was taken in relation to that search until later on.
40 The particulars further state that Mr Bragg wrote a letter dated 17 December 1997 to the managing real estate agent of the property at Busselton regarding a rent increase, but otherwise took no further action in relation to the file. It is also said that an "unknown person in the firm" wrote to the managing real estate agent on 7 July 1998 regarding a rent increase.
41 After that period, the Complaints Committee, in its particulars, acknowledge that Mr Bragg took no further action in relation to the file.
42 The particulars further allege that on 11 December 1998, the firm of real estate agents who managed the Busselton property for Godfrey Virtue, sent a letter to Godfrey Virtue marked to the attention of Mr Monaco, enclosing a letter on behalf of the tenants of the property alleging that a purchase agreement in respect of the property had been entered into in 1959 and they asserted their ownership of the property. At this time, the tenants had ceased paying rent which was still fixed at $6 per week from many years earlier.
43 The particulars state that having received no response to their letter dated 11 December 1998, the real estate agents wrote again to Mr Monaco on 27 January and 30 July 1999.
44 The particulars state that on 31 May 1999 an advocate for the tenants wrote to the practitioner seeking the transfer of the title of the property at Busselton to them.
45 The particulars further allege that in or around July 1999 an employed junior solicitor in Godfrey Virtue assisted Mr Elsey with the conduct of the file.
46 Finally it is alleged that on 20 July 2000 the employed junior solicitor, or an outside clerk at the junior solicitor's request, attended the Registrar General's office to search for a birth certificate of "Stephen John W" and found an entry for "John Stephen W". He then sought the services of a process server who ascertained that the "John Stephen W" in question was the correct beneficiary under the will of the late Mrs BW. The beneficiary was thereafter contacted.
47 Put in its essential form, the Complaints Committee say that if either Mr Monaco or Mr Bragg at material times, when they were acquainted with the conduct of the file and the difficulty Mr Elsey was apparently having in discovering whether the beneficiary mentioned in the will was still alive and, if so, his whereabouts, had taken the action that the junior solicitor took in July 2000, the administration of the estate of the late Mrs BW would have been finalised many years earlier than it was.