Santo Scarfone [1997] NSWLST 24

Santo Scarfone [1997] NSWLST 24

The solicitor's involvement in an arrangement to state a false price in a contract to evade stamp duty constituted professional misconduct as it was dishonest and a fraud on revenue, meeting the Allinson test. His continued acting for a client when he became a material witness amounted to unsatisfactory professional conduct in breach of Practice Rule 26.

Jurisdiction
Australia
Judgment Date
09 October 1997
Procedural Posture
Disciplinary Proceedings / Final Judgment
Outcome
Guilty of professional misconduct and unsatisfactory professional conduct. Fined and ordered to pay costs.
Legal Topics
['fraud on Revenue' 'breach of Practice Rule 26' 'unsatisfactory Professional Conduct' 'stamp Duty Evasion']
['legal Profession' 'professional Misconduct'] ['fraud on Revenue' 'breach of Practice Rule 26' 'unsatisfactory Professional Conduct' 'stamp Duty Evasion']

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Procedural Posture

Disciplinary Proceedings / Final Judgment

Legal Issues

  1. 1 ['Whether the solicitor was guilty of professional misconduct for participating in an arrangement constituting a fraud on revenue' 'Whether the solicitor was guilty of unsatisfactory professional conduct for acting in proceedings where he would be a material witness, in breach of Practice Rule 26']

Ratio Decidendi

The solicitor's involvement in an arrangement to state a false price in a contract to evade stamp duty constituted professional misconduct as it was dishonest and a fraud on revenue, meeting the Allinson test. His continued acting for a client when he became a material witness amounted to unsatisfactory professional conduct in breach of Practice Rule 26.

Court Disposition

Guilty of professional misconduct and unsatisfactory professional conduct. Fined and ordered to pay costs.

Orders

  • ['The Solicitor pay a fine of $3,000 within 3 months.' 'The Solicitor pay the costs of the Law Society in such sum as the parties may agree and in the absence of any agreement, as determined by the Tribunal.']