Christopher Neil Ingham [1996] NSWLST 18

Christopher Neil Ingham [1996] NSWLST 18

The solicitor was guilty of serious professional misconduct by deliberately falsifying contract dates on multiple occasions to evade penalty stamp duty, constituting a fraud on the revenue of New South Wales, warranting cancellation of the practising certificate for a specified period and imposition of a fine and conditions for future restoration of practice.

Parties
Solicitor/respondent: Christopher Neil Ingham; Applicant/complainant: Council of the Law Society of New South Wales
Jurisdiction
Australia
Judgment Date
12 December 1996
Procedural Posture
Professional Misconduct Disciplinary Proceedings / Determination and Orders
Outcome
Guilty of professional misconduct; practising certificate cancelled with conditions for restoration; fine and costs ordered.
Legal Topics
Professional Misconduct, Fraud on Revenue, Stamp Duty Evasion, Practising Certificate Cancellation
Professional Discipline Legal Profession Law Professional Misconduct Fraud on Revenue Stamp Duty Evasion Practising Certificate Cancellation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Christopher Neil Ingham

Solicitor/respondent

Council of the Law Society of New South Wales

Applicant/complainant

Procedural Posture

Professional Misconduct Disciplinary Proceedings / Determination and Orders

Legal Issues

  1. 1 Whether the solicitor was guilty of professional misconduct by falsifying contract dates and thereby evading stamp duty penalties.
  2. 2 Whether the conduct warranted cancellation of practising certificate and imposition of ancillary conditions and penalties.

Ratio Decidendi

The solicitor was guilty of serious professional misconduct by deliberately falsifying contract dates on multiple occasions to evade penalty stamp duty, constituting a fraud on the revenue of New South Wales, warranting cancellation of the practising certificate for a specified period and imposition of a fine and conditions for future restoration of practice.

Court Disposition

Guilty of professional misconduct; practising certificate cancelled with conditions for restoration; fine and costs ordered.

Orders

  • Solicitor's practising certificate be cancelled from a date 28 days post-orders.
  • No practising certificate to be issued for 4 years from cancellation.