Peter Gerald Fitz-Gibbon [1996] NSWLST 14

Peter Gerald Fitz-Gibbon [1996] NSWLST 14

Having regard to the evidence, including the receiver's reports and oral evidence, and the Solicitor's admissions, the Tribunal found every ground of complaint proved and held the Solicitor guilty of professional misconduct on each count. The misconduct justified removal from the Roll of Legal Practitioners in New South Wales and an order for costs.

Jurisdiction
Australia
Judgment Date
07 August 1996
Procedural Posture
Professional Misconduct Complaint / Determination and Orders
Outcome
Complaint proved; Solicitor found guilty of professional misconduct on each count; name removed from the Roll of Legal Practitioners in New South Wales; costs ordered.
Legal Topics
['professional Misconduct' 'breach of Trust Accounting Obligations' 'misappropriation of Trust Monies' 'false Accounting Statements' 'stamp Duty Irregularities' 'practising Without a Practising Certificate' 'contravention of Supreme Court Orders']
['legal Profession Regulation' 'professional Discipline'] ['professional Misconduct' 'breach of Trust Accounting Obligations' 'misappropriation of Trust Monies' 'false Accounting Statements' 'stamp Duty Irregularities' 'practising Without a Practising Certificate' 'contravention of Supreme Court Orders']

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Procedural Posture

Professional Misconduct Complaint / Determination and Orders

Legal Issues

  1. 1 ['Whether the Solicitor wilfully breached S. 61 and S. 62 of the Legal Profession Act 1987.' 'Whether the Solicitor misappropriated trust monies or other monies received from clients.' 'Whether the Solicitor made false statements in accounting documents issued to clients.' 'Whether the Solicitor falsified dates or substituted contract pages to avoid stamp duty or stamp duty fines.' 'Whether the Solicitor contravened S. 48B of the Legal Profession Act 1987 and a Supreme Court order restraining him from acting as a solicitor or holding himself out as qualified to act as a solicitor.' "Whether the misconduct warranted removal of the Solicitor's name from the Roll of Legal Practitioners in New South Wales."]

Ratio Decidendi

Having regard to the evidence, including the receiver's reports and oral evidence, and the Solicitor's admissions, the Tribunal found every ground of complaint proved and held the Solicitor guilty of professional misconduct on each count. The misconduct justified removal from the Roll of Legal Practitioners in New South Wales and an order for costs.

Court Disposition

Complaint proved; Solicitor found guilty of professional misconduct on each count; name removed from the Roll of Legal Practitioners in New South Wales; costs ordered.

Orders

  • ['That the name of Peter Gerald Fitz-Gibbon be removed from the Roll of Legal Practitioners in New South Wales.' 'That the Solicitor pay the costs of the Law Society, determined by the Tribunal in the sum of $4,500.00.']