Mark Christopher Gibbins [1994] NSWLST 12

Mark Christopher Gibbins [1994] NSWLST 12

The Tribunal found the solicitor's actions to be disgraceful and dishonourable, amounting to professional misconduct by submitting a document with a false date and misleading the Law Society. The severity of the misconduct warranted a substantial fine but did not require removal from the Roll or suspension, given the solicitor's character and previous history.

Jurisdiction
Australia
Judgment Date
15 December 1994
Procedural Posture
Professional Misconduct Complaint / Final Determination and Orders
Outcome
Guilty of professional misconduct; monetary penalty imposed
Legal Topics
['professional Misconduct' 'forgery' 'false Statement' 'misleading Law Society']
['legal Profession Regulation'] ['professional Misconduct' 'forgery' 'false Statement' 'misleading Law Society']

Case Brief

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Procedural Posture

Professional Misconduct Complaint / Final Determination and Orders

Legal Issues

  1. 1 ['Did the solicitor submit a document for stamping which he knew bore a false date?' 'Did the solicitor mislead the Law Society by making false statements?']

Ratio Decidendi

The Tribunal found the solicitor's actions to be disgraceful and dishonourable, amounting to professional misconduct by submitting a document with a false date and misleading the Law Society. The severity of the misconduct warranted a substantial fine but did not require removal from the Roll or suspension, given the solicitor's character and previous history.

Court Disposition

Guilty of professional misconduct; monetary penalty imposed

Orders

  • ['The solicitor pay a fine of $12,000 within sixty days.' "In default of compliance with the fine, the solicitor's practising certificate be cancelled and reinstated only upon compliance." 'The solicitor pay the costs of the Society, assessed on a solicitor and client basis as if taxed in the Supreme Court.'...