Steven John Doran [1996] NSWLST 4

Steven John Doran [1996] NSWLST 4

Because the Solicitor admitted that he failed to administer the oath and executed documents as witness when the signatory was not present, and because affidavits are relied on by courts as properly sworn when witnessed by a solicitor, the false witnessing and purported administration of an oath constituted professional misconduct rather than merely unsatisfactory professional conduct.

Jurisdiction
Australia
Judgment Date
07 August 1996
Procedural Posture
Professional Misconduct Complaint Under the Legal Profession Act / Judgment After Hearing
Outcome
Grounds of complaint established; finding of professional misconduct; monetary penalty and costs ordered.
Legal Topics
['professional Misconduct' 'unsatisfactory Professional Conduct' 'false Witnessing of Documents' 'administration of Oaths' 'affidavits in Probate Proceedings']
['legal Profession Discipline'] ['professional Misconduct' 'unsatisfactory Professional Conduct' 'false Witnessing of Documents' 'administration of Oaths' 'affidavits in Probate Proceedings']

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Procedural Posture

Professional Misconduct Complaint Under the Legal Profession Act / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the Solicitor was guilty of professional misconduct by purporting to attest that he had administered an oath and witnessed signatures on affidavits when he was not present to administer the oath or witness the signatures.' 'Whether the conduct amounted only to unsatisfactory professional conduct rather than professional misconduct.' 'What penalty should be imposed for the established conduct.']

Ratio Decidendi

Because the Solicitor admitted that he failed to administer the oath and executed documents as witness when the signatory was not present, and because affidavits are relied on by courts as properly sworn when witnessed by a solicitor, the false witnessing and purported administration of an oath constituted professional misconduct rather than merely unsatisfactory professional conduct.

Court Disposition

Grounds of complaint established; finding of professional misconduct; monetary penalty and costs ordered.

Orders

  • ['That the Solicitor pay a fine of $3,000.00 within 30 days from the date of these Orders.' "That in default of compliance with Order 1 the Solicitor's practising certificate be cancelled and that a practising certificate not be issued to the Solicitor until he has complied with Order 1." 'That the Solicitor pay the...