Salvatore Francipane [1994] NSWLST 5

Salvatore Francipane [1994] NSWLST 5

On the Solicitor's admissions and the evidence, the Tribunal found that he wilfully breached s.61 of the Legal Profession Act 1987 in the Budiman, Lo Mascolo and Johnson matters, committed a fraud on the Office of State Revenue, and defrauded and misappropriated monies from Mr Andrew Budiman, Dr Lo Mascolo and Mr and Mrs S. Johnson. The misconduct was deliberate and serious, and suspension with conditions was wholly inappropriate; removal from the Roll of Solicitors was required. The Tribunal also accepted that no order should be made for the costs of 10 March 1994 because the adjournment opposition was unreasonable in light of the Solicitor being required to appear in two places at the...

Jurisdiction
Australia
Judgment Date
17 May 1994
Procedural Posture
Professional Disciplinary Complaint / Determination After Hearing Before the Tribunal
Outcome
Solicitor found guilty of professional misconduct; name removed from the Roll of Solicitors and costs ordered, except for the costs of 10 March 1994.
Legal Topics
['professional Misconduct' 'wilful Breach of S.61 of the Legal Profession Act 1987' 'fraud' 'misappropriation of Trust Moneys or Moneys' "solicitors' Accounts" 'removal From Roll of Solicitors' 'costs']
['legal Profession Regulation' 'professional Discipline'] ['professional Misconduct' 'wilful Breach of S.61 of the Legal Profession Act 1987' 'fraud' 'misappropriation of Trust Moneys or Moneys' "solicitors' Accounts" 'removal From Roll of Solicitors' 'costs']

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Procedural Posture

Professional Disciplinary Complaint / Determination After Hearing Before the Tribunal

Legal Issues

  1. 1 ['Whether the Solicitor wilfully breached s.61 of the Legal Profession Act 1987 in the Budiman, Lo Mascolo and Johnson matters.' 'Whether the Solicitor committed a fraud on the Office of State Revenue.' 'Whether the Solicitor defrauded and misappropriated monies from Mr Andrew Budiman, Dr Lo Mascolo and Mr and Mrs S. Johnson.' "Whether suspension with conditions was appropriate or the Solicitor's name should be removed from the Roll of Solicitors." 'Whether the Solicitor should pay the costs of 10 March 1994.']

Ratio Decidendi

On the Solicitor's admissions and the evidence, the Tribunal found that he wilfully breached s.61 of the Legal Profession Act 1987 in the Budiman, Lo Mascolo and Johnson matters, committed a fraud on the Office of State Revenue, and defrauded and misappropriated monies from Mr Andrew Budiman, Dr Lo Mascolo and Mr and Mrs S. Johnson. The misconduct was deliberate and serious, and suspension with conditions was wholly inappropriate; removal from the Roll of Solicitors was required. The Tribunal also accepted that no order should be made for the costs of 10 March 1994 because the adjournment opposition was unreasonable in light of the Solicitor being required to appear in two places at the...

Court Disposition

Solicitor found guilty of professional misconduct; name removed from the Roll of Solicitors and costs ordered, except for the costs of 10 March 1994.

Orders

  • ["The Solicitor's name be removed from the Roll of Solicitors of the Supreme Court of New South Wales." 'The Solicitor pay the costs of the Law Society of these proceedings, other than the costs of 10 March 1994, on a solicitor/client basis as if taxed in the Supreme Court of New South Wales.' 'If agreement cannot...