Prothonotary of the Supreme Court of New South Wales v Milios [2004] NSWCA 180

Prothonotary of the Supreme Court of New South Wales v Milios [2004] NSWCA 180

The opponent engaged in a sustained course of fraudulent conduct, including forging client signatures on mortgage documents and obtaining loan monies without client knowledge, conduct for which he was convicted of serious criminal offences. Such actions constitute professional misconduct and establish that the opponent is not a fit and proper person to remain on the Roll, warranting removal and costs orders.

Parties
Claimant: Prothonotary of the Supreme Court of New South Wales; Opponent: Nicolas Milios
Jurisdiction
Australia
Judgment Date
13 May 2004
Procedural Posture
Disciplinary Proceeding / Judgment and Orders
Outcome
Declarations made and name removed from Roll of Legal Practitioners; costs to be paid by opponent.
Legal Topics
Professional Misconduct, Dishonesty Offences, Removal From Roll, Forgery, Fit and Proper Person
Legal Profession Criminal Law Professional Misconduct Dishonesty Offences Removal From Roll Forgery Fit and Proper Person

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Parties

Prothonotary of the Supreme Court of New South Wales

Claimant

Nicolas Milios

Opponent

Procedural Posture

Disciplinary Proceeding / Judgment and Orders

Legal Issues

  1. 1 Whether the opponent was guilty of professional misconduct
  2. 2 Whether the opponent was a fit and proper person to remain on the Roll of Legal Practitioners
  3. 3 Whether the opponent should be removed from the Roll of Legal Practitioners

Ratio Decidendi

The opponent engaged in a sustained course of fraudulent conduct, including forging client signatures on mortgage documents and obtaining loan monies without client knowledge, conduct for which he was convicted of serious criminal offences. Such actions constitute professional misconduct and establish that the opponent is not a fit and proper person to remain on the Roll, warranting removal and costs orders.

Court Disposition

Declarations made and name removed from Roll of Legal Practitioners; costs to be paid by opponent.

Orders

  • Declaration that the opponent has been guilty of professional misconduct.
  • Declaration that the opponent is not a fit and proper person to remain on the Roll of Legal Practitioners of the Supreme Court of New South Wales.