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First Name Surname
Address for
service
Home
jurisdiction
Date Of
Admission
Current
Certificate
Type
Body that made
the decision Order Date Type of conduct Penalty details
Anita Aarons
Bancroft
Lawyers, 591
Glen Huntly
Road
Elsternwick Victoria 29/03/2004
Principal with
Trust
Legal Services
Board and
Commissioner 22/11/2016
Unsatisfactory
professional conduct
under the Legal
Profession Uniform
Law (Vic)
Two findings of Unsatisfactory Professional Conduct under the Legal
Profession Uniform Law (Vic) 2014. The practitioner was reprimanded.
Ali Abou-Eid
83 Sydney Rd
Coburg Victoria 15/02/2005
Supreme Court
of Victoria 16/02/2012
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Nathan Abrahams
Koornang Legal
Services
8 Pendleton
Place,
Lysterfield Victoria 2/08/2004
Principal with
Trust LSBC 25/09/2015
The Lawyer failed to act on the Complainant's instructions to prepare a
revised Will; the Lawyer failed to prepare joint venture agreement
documentation in accordance with instructions; the Lawyer failed to make all
necessary arrangements for the transfer of real property out of the
Complainant's superannuation fund in accordance with his instructions;
the Lawyer failed to register a mortgage in a timely manner; the Lawyer
failed to maintain documents on a file; and the Lawyer failed to lodge a proof
of debt. The Lawyer is reprimanded pursuant to s299(1)(b) of the Uniform
Law; and the Lawyer is to complete a Practice Management Course prior to
31 March 2019 pursuant to section 299(1)(e) of the Uniform law.
Nathan Abrahams
Koornang Legal
Services
8 Pendleton
Place,
Lysterfield Victoria 2/08/2004
Principal with
Trust
Victorian Legal
Services
Commissioner 25/06/2018
Unsatisfactory
professional conduct
under the Legal
Profession Uniform
Law (Vic)
The Lawyer did not provide an itemised bill in accordance with a request by
the Complainant on 4 December 2015, within 21 days of the request or at all.
The lawyer is reprimanded pursuant to s299(1)(b) of the Uniform Law.
Alan Adams
38 Mcewan
Crescent
Wodonga Victoria 3/11/1975
Victorian Legal
Profession
Tribunal 21/03/2001
Misconduct under
the Legal Practice
Act 1996 (Vic) +
Common Law
Misconduct
Practitioner not entitled to apply for a practising certificate until after 1 July
2021.
Alan Adams
38 Mcewan
Crescent
Wodonga Victoria 3/11/1975
Supreme Court
of Victoria 14/09/2001
Misconduct under
the Legal Practice
Act 1996 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
James Adams N/A NSW 1/08/1974
Administrative
Decisions
Tribunal of New
South Wales 22/07/2011 Other
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off) following the removal of his name from the Roll
of Local Lawyers in New South Wales by order of the Administrative
Decisions Tribunal of New South Wales.
Graeme Alford N/A Victoria 2/04/1973
Supreme Court
of Victoria 24/10/1974
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court ofVictoria (struck off).
Peter Ambrosy N/A Victoria 20/11/1977
Supreme Court
of Victoria 25/06/2009
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Michael Anderson
EC Legal Level
9, 461 Bourke
Street
Melbourne Victoria 16/12/2008
Employee
without Trust VCAT 31/07/2015
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
1.Practitioner reprimanded. 2.Practitioner ordered to pay a fine of
$20,000.00 to the Victorian Legal Services Board 3.Within 12 months of 31
July 2015 the practitioner is to undertake five units of continuing
professional development, having application to the ethical issues arising in
acting for clients in motor vehicle accident claims and debt collection
matters, including issues arising from instructions being received on referral
from a third party, and issues arising from the fact of his practise being
wholly owned by another entity. This requirement is in addition to the
practitioner's other CPD obligations. 4.Practitioner ordered to pay the
Victorian Legal Services Commissioner's costs in the agreed sum of
$8,000.00.
Denis Angeleri
1/373 Bay
Street Port
Melbourne Victoria 29/02/1988
The Supreme
Court of
Victoria 20/09/2017
Professional
misconduct under
the Legal Profession
Uniform Law (Vic)
Practitioner removed from the roll of persons admitted to the Legal
Profession kept by this Court
Colin Arbuthnot N/A Victoria 1/04/1976
Supreme Court
of Victoria 24/04/1985
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Tina Armenio
Armenio and
Associates
Suite 3/30
Inkerman
Street, St Kilda Victoria 30/09/1991
Principal with
Trust VLSB 1/05/2017
1. The respondent is reprimanded pursuant to section 299(1)(b) of the
Uniform Law. 2. The respondent is to apologise in writing to the
complainant, the representative from CAV and the Inspector within 30 days
of the date of this determination pursuant to section 299(1)(c) of the
Uniform Law. 3. Pursuant to section 299(1)(e)(i) of the Uniform Law, the
respondent is required to undertake the following further education, in
addition to her usual continuing professional development (CPD)
requirements, at her own expense, for the year commencing 1 July 2017
before her local practising certificate is renewed for the 1 July 2018 period,
and provide proof of this to the Victorian Legal Services Commissioner
(VLSC): a. two CPD points in ethics and professional responsibility; b. two
CPD points in practice management and business skills; and c. two CPD
points in professional skills.
Theo Axarlis
84 Wicklow
Avenue,
Croydon Victoria 30/09/1996
Supreme Court
of Victoria 16/08/2000
Misconduct under
the Legal Practice
Act 1996 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Elias Bakhaazi
Level 2, 493-
495 Little
Bourke Street,
Melbourne Victoria 5/03/1984
Supreme Court
of Victoria 16/07/2008
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Robert Ball
Henderson &
Ball
Level 1, 5
Wellington
Street Kew Victoria 6/04/1972
Principal with
Trust
The Victorian
Legal Services
Commissioner 2/05/2018
Unsatisfactory
professional conduct
under the Legal
Profession Uniform
Law (Vic)
Unsatisfactory professional conduct for failing to obtain fully informed
consent of beneficiaries, before transferring funds to an Executor of an
estate by way of executor's commission, the Commissioner orders Mr Ball is
reprimanded pursuant to section 299(1)(b) of the Uniform law.
Michael Barbayannis
37 Choppin
Street,
Richmond Victoria 1/06/1981
Supreme Court
of Victoria 11/04/1995
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Joel Beling
1 Mirboo
Court, Dallas Victoria 25/02/2002
Victorian Civil
and
Administrative
Tribunal 27/09/2017
Unsatisfactory
Professional Conduct
under the Legal
Profession Act 2004
(Vic) + Common Law
Misconduct
Having found Mr Beling guilty of professional misconduct at common law within the
meaning of section 4.4.3(1)(a) of the Legal profession Act 2004, for failing to exercise
due care and competence, the Tribunal ordered as follows: 1. Mr Beling is
reprimanded. 2. Mr Beling is restricted to practising only under supervision for a period
of three years as (a) an employee of a law practice; or (b) in another category of legal
practice, other than as a principal of a law practice, in circumstances where he is
subject to supervision arrangements which are to the satisfaction of the
Commissioner. Any time spent not practising is excluded from the calculation of three
years referred to above, and any time spent practising part-time is to be counted pro-
rata. 3. Mr Beling is to pay a fine of $10,000 4. Mr Beling is to complete an additional
10 points of continuing professional development (CPD) to the satisfaction of the
Commissioner, over a period of two years from the date of the decision. Having found
Mr Beling guilty of unsatisfactory professional conduct under section 4.4.20 of the
Legal Profession Act 2004, for failing to adequately advise his clients in circumstances
so as to permit his clients to give proper instructions, the Tribunal ordered the
following: Mr Beling is reprimanded. 2. Mr Beling is restricted to practising only under
supervision for a period of two years as (a) an employee of a law practice; or (b) in
another category of legal practice, other than as a principal of a law practice, in
circumstances where he is subject to supervision arrangements which are to the
satisfaction of the Commissioner. Any time spent not practising is excluded from the
calculation of two years referred to above, and any time spent practising part-time is
to be counted pro-rata. This period of two years is concurrent with the period specified
in order 2 above. 3. Mr Beling is to pay a fine of $5,000 to the Commissioner. 4. Mr
Beling is to complete an additional 10 points of continuing professional development
(CPD) over and above the requirement otherwise applicable, to the satisfaction of the
Commissioner, over a period of two years from the date of the decision. This
requirement is concurrent with the additional CPD required under order 4 above, in
relation to charge 1. Mr Beling is ordered to pay the Commissioner's costs in relation
to charges 1 and 3, but not charges 2 and 4, on a standard basis on the County Court
scale to be determined by the Costs Court in default of agreement. The sum of
$10,000 (being the amount of the fine imposed under order 2 above) is to be deducted
from the amount payable by Mr Beling for costs.
Maurice Bernstein
Suite 5, 412
Toorak Road,
Toorak Victoria 1/09/1966
Victorian Civil
and
Administrative
Tribunal 13/05/2010
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic) Practitioner not to be granted a practising certificate before 12 May 2020.
Maurice Bernstein
Suite 5, 412
Toorak Road,
Toorak Victoria 1/09/1966
Supreme Court
of Victoria 24/02/2011
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Adrian Bieske
Level 4, 454
Collins Street,
Melbourne Victoria 2/03/1959
Supreme Court
of Victoria 20/03/1996
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Kim Blackberry
69 Coolangatta
Drive, Clifton
Springs Victoria 17/12/1993
The Supreme
Court of
Victoria 11/04/2019 Other
1. Pursuant to rules 45.05(2)(b) and (4) of the rules, the Victorian Legal
Services Board is authorised to commence this proceeding by originating
motion in Form 5C. 2. Pursuant to rules 45.05 (2) (a) and (4) of the rules, the
requirements of rules 5.03 (1) and 8.02 are dispensed with. 3. Pursuant to
section 23(1)(b) of the Legal Profession Uniform Law (Vic), the name and
other particulars of the Practitioner be removed from the roll of persons
admitted to the legal profession kept by this Court. 4. The Practitioner pay
the Victorian Legal Services Board's costs of the proceeding of $2,570.70.
Anthony Bone
18 Jasmine
Drive,
Delecombe Victoria 1/03/1974
Victorian
Solicitors' Board 19/10/1990
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner entitled to apply for a practising certificate only with the leave of
the Solicitors' Board.
George Bouhalis
George James
Lawyers
Level 7, 169
Queen Street
Melbourne Victoria 1/05/1989
Supreme Court
of Victoria 14/10/2019 Other
On 14 October 2019, the Honourable Justice Macaulay ordered: Pursuant to
section 23(1)(a) of the Legal Profession Uniform Law the name and other
particulars of George James Bouhalis be removed from the Roll of persons
admitted to the legal profession, kept by this Court
George Bourozikas
5 Halliday
Street, Mount
Waverley Victoria 1/04/1982
Supreme Court
of Victoria 3/09/2009
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Jonathan Bowers-Taylor
JBT Lawyers P/L
Suite 3, Level 8,
470 Collins
Street
Melbourne Victoria 1/05/2000
Principal with
Trust
Victorian Legal
Services
Commissioner 23/10/2019
Unsatisfactory
professional conduct
under the Legal
Profession Uniform
Law (Vic)
The lawyer was determined to have engaged in unsatisfactory professional
conduct, having used inappropriate, abusive language, including swearing,
and generally failed to act in a courteous manner in email exchanges with the
complainant. The lawyer was reprimanded and ordered to undertake two (2)
additional continuing professional development units, pursuant to ss
299(1)(b) and 299(1)(e)(i) of the Legal Profession Uniform Law (Victoria).
Gerald Box
27 Male Street,
Brighton Victoria 2/08/1965
Supreme Court
of Victoria 6/11/1989
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Mark Bramich
Bramich Legal
22 Spring
Square, Hallam Victoria 4/03/1985
Principal with
Trust VCAT 7/08/2018
Professional
misconduct under
the Legal Profession
Uniform Law (Vic) +
Unsatisfactory
professional conduct
under the Legal
Profession Uniform
Law (Vic)
The practitioner having pleaded guilty to 3 charges the charges are found
proved. 1. In respect of charges 8 and 12 the practitioner is globally
reprimanded and ordered to pay a fine $3500 to Victorian Legal Services
Board within 90 days of the date of this Order. 2. In respect of charge 15 the
practitioner is reprimanded and ordered to pay a fine of $500 to the
Victorian Legal Services Board within 90 days of the date of this Order. 3.
The practitioner is to pay the Victorian Legal Services Commissioner's
costs of the proceeding agreed between the parties and fixed by the Tribunal
in the sum of $10,000.00. Payment is to be made within 90 days of the date
of this order.
David Bremer
Lyncroft
Tucks Road,
Shoreham Victoria 1/10/1968
Supreme Court
of Victoria 24/11/1994
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Michael R Brereton
Marie Brereton
Designs
316-322
Johnstone
Street,
Abbotsford Victoria 3/03/1980
Victorian Civil
and
Administrative
Tribunal 13/02/2012
Misconduct under
the Legal Practice
Act 1996 (Vic) +
Unsatisfactory
Conduct under the
Legal Practice Act
1996 (Vic)
(3) In the event that the practitioner applies for a practising certificate,
whether before or after 1 March 2014, the Tribunal recommends to the
Legal Services Board (or other relevant registration body) that: (a) any
practising certificate (if granted) should contain a condition that the
practitioner is not authorised to receive or deal with trust money for a
minimum of two years after the practising certificate is first granted; and (b)
at least half of the continuing professional development units the
practitioner must undertake in the first two years after the practising
certificate is granted must be in the fields of ethics and professional
responsibility, trust accounting, and practice management.
Issac Brott
Level 2, 493-
495 Little
Bourke Street,
Melbourne Victoria 1/06/1978
Supreme Court
of Victoria 25/03/2011
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Betty Bryant N/A Victoria 1/05/1945
Supreme Court
of Victoria 9/09/1977
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck-off).
Fred Burns
4/6 Russell
Street,
Cranbourne Victoria 6/04/1972
Supreme Court
of Victoria 15/08/2011
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Franco Butera
Level 1, 84
Johnstone
Street Fitzroy Victoria 2/05/1983
Supreme Court
of Victoria 13/01/1988
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Antony Calabro
18 Royena
Roadm,
Moorabbin Victoria 3/04/1975
Supreme Court
of Victoria 25/08/1986
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Donald Campbell N/A Victoria 1/10/1974
Supreme Court
of Victoria 20/06/1995
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Alan Casey N/A Victoria 1/03/1955
Supreme Court
of Victoria 27/09/1965
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Tony Cerra
13 Prospect
Road, Bulleen Victoria 2/05/1977
Supreme Court
of Victoria 29/11/1983
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Mohsin Chakera
MLC Lawyers
Suite 2
Mezzanine
Floor, 550
Lonsdale Street
Melbourne Victoria 1/06/1972
Victorian Legal
Profession
Tribunal 1/08/2003
Misconduct under
the Legal Practice
Act 1996 (Vic) +
Common Law
Misconduct
After 1 August 2009, the practitioner may only be issued with a practising
certificate that confines him to legal practice as an employee.
Mohsin Chakera
MLC Lawyers
Suite 2
Mezzanine
Floor, 550
Lonsdale Street
Melbourne Victoria 1/06/1972
Supreme Court
of Victoria 15/02/2013
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (Struck Off).
Stefan Chelper
53 Derby
Street, Moonee
Ponds Victoria 14/02/2012
Employee
without Trust
Victorian Civil
and
Administrative
Tribunal 9/01/2019
Unsatisfactory
professional conduct
under the Legal
Profession Uniform
Law (Vic)
The practitioner was found guilty of three charges of unsatisfactory
professional conduct under the Legal Profession Uniform Law (Vic) Orders
made on 21/11/2018 1. With the agreement of the practitioner, the
practitioner is reprimanded and may not apply for a principal practising
certificate for a period of two years from 21 November 2018. 2. By 4.00 PM
on 7/12/2018 the parties are to provide proposed minutes of consent orders
as to costs or written submissions in respect of the costs. The parties have
agreed that the question of costs may be decided on the papers. Costs order
made on 9/01/2019 3.By consent, the practitioner is to pay the Victorian
Legal Services Commissioner's costs of this proceeding fixed in the sum
of $8,000.00 payable by the way of twelve (12) consecutive monthly
instalments with the first instalment to be paid on or before 4/01/2019 and
thereafter by the 4th day of the following months.
Jonathan Clift
2 Prinice Street,
Myrtleford Victoria 1/05/1979
Supreme Court
of Victoria 10/05/1996
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Judith Coish
514 Orrong
Road,
Armadale Victoria 1/04/1996
Supreme Court
of Victoria 30/06/2005
Misconduct under
the Legal Practice
Act 1996 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Anthony Coleman
Coleman
Lawyers
Swann House,
L1, 22 William
Street,
Melbourne Victoria 1/07/1998
The Supreme
Court of
Victoria 25/10/2013
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off)
Raymond Coloretti
1st Floor, 490
Bourke Street
Melbourne Victoria 1/03/1966
Supreme Court
of Victoria 1/02/1990
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Daniel Condon
15 Parslow
Street, Malvern Victoria 2/12/1963
Supreme Court
of Victoria 11/11/1994
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Murdoch Cooch
31 Embling
Road, Malvern Victoria 1/03/1972
Supreme Court
of Victoria 28/03/1995
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Cameron Cook
28 Tuck Street,
Cheltenahm Victoria 14/11/2006
Supreme Court
of Victoria 17/12/2010
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Theodoros Coukoulis
Suite 8., 395-
399 Nepean
Hwy, Frankston Victoria 3/04/1986
Supreme Court
of Victoria 7/05/2003
Misconduct under
the Legal Practice
Act 1996 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Ross Cowie N/A Victoria 3/05/1971
Supreme Court
of Victoria 2/05/1980
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Kerry Crinis N/A Victoria 1/06/1970
Supreme Court
of Victoria 24/05/1989
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Bruce Da Costa
24 Pugh Street,
Aitkenvale,
Townsville QLD 3/04/1978
Solicitors
Complaints
Tribunal of
Queensland 29/10/2003 Other
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off) following the removal of his name from the Roll
of Local Lawyers in Queensland by order of the Solicitors Complaints Tribunal
of Queensland.
Cosmo D'Aprano
133 Boundary
Road, Pascoe
Vale Victoria 1/04/1976
Supreme Court
of Victoria 10/05/1995
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Graham Davies
11 Harris
Street,
Hawthorne QLD 1/04/1971
Supreme Court
of Queensland 28/01/1998 Other
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off) following the removal of his name from the Roll
of Local Lawyers in Queensland by order of the Supreme Court of
Queensland.
Bernard De Jonk
21 Mall Court,
Blackburn
North Victoria 5/11/1986
Supreme Court
of Victoria 6/04/1993
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Dino De Marchi
De Marchi and
Associates
387-389
Sydney Road,
Brunswick Victoria 1/11/1979
Principal with
Trust
Victorian Civil
and
Administrative
Tribunal 8/12/2016
Unsatisfactory
professional conduct
under the Legal
Profession Uniform
Law (Vic)
1. The practitioner is reprimanded in relation to each charge. 2. The
practitioner is to pay an aggregate fine of $5,0000.00 to the Victorian Legal
Services Board by 1 March 2017. 3. The practitioner is to pay to the
Victorian Legal Services Commissioner the costs of the proceeding agreed
between the parties and fixed by the Tribunal at $15,000.00 by 1 March
2017.
Nino De Pardo Nedlands WA 1/04/1974
Supreme Court
of Victoria 18/03/2011
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Noor Dean
MLC Lawyers
Suite 2
Mezzanine
Floor, 550
Lonsdale Street
Melbourne Victoria 29/02/1988 VCAT 14/03/2019
Professional
misconduct,
Unsatisfactory
professional
conduct, common
law misconduct
under the Legal
Profession Uniform
Law (Vic)
1. The practitioner is reprimanded in relation to each finding of guilty. 2.
The practitioner is to pay the Victorian Legal Services Commissioner an
aggregate fine of $8000.00. 3. The practitioner is to pay the Victorian Legal
Services Commissioner costs of this application fixed by consent in the sum
of $10,000.00.
George Defteros
Defteros
Lawyers
3 St Edmonds
Road, Prahran Victoria 3/05/1982
Principal with
Trust
Victorian Civil
and
Administrative
Tribunal 14/03/2018
Unsatisfactory
Professional Conduct
under the Legal
Profession Act 2004
(Vic)
Finding: Two charges of unsatisfactory professional conduct under the Legal
Profession Act 2004 (Vic). Penalty: The practitioner pleaded guilty to two
charges of unsatisfactory professional conduct in that he failed to make costs
disclosure to a third party payer and lodged a caveat over her property
without making sure that there was a proper basis to do so. The practitioner
is reprimanded in relation to each charge. The practitioner is to pay the
Victorian Legal Services Commissioners costs of the proceeding on a
standard basis at 80% of Supreme Court Scale to be assessed by the Costs
Court in default of agreement.
Andre Di Cioccio
Andma House,
19 Mckillop
Street,
Melbourne Victoria 7/05/2001
The Supreme
Court of
Victoria 24/02/2012
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Gioacchino Di Natale
1st Floor, 11
Lygon Street,
Brunswick East Victoria 1/03/1983
Supreme Court
of Victoria 11/09/1995
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Gavan Doyle N/A Victoria 1/03/1944
Supreme Court
of Victoria 21/02/1967
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Stephen Dunn
Madisons
Suite 11A, 856-
860 Doncaster
Road,
Doncaster East Victoria 3/04/1986
Principal with
Trust
Victorian Legal
Services
Commissioner 19/06/2018
Unsatisfactory
professional conduct
under the Legal
Profession Uniform
Law (Vic)
Unsatisfactory professional conduct for failing to comply with requests from
the Liquidator appointed to the company to provide legal files and
documents concerning matters in which he acted for the company,
incorrectly stating that he never acted for the company and that he only
acted for the husband in his personal capacity and acting in a conflict of
interest by acting for the company (the vendor) and the purchaser in relation
to the preparation of an agreement and failing to act in the best interests of
the company by prioritising the interests of the purchaser, the Commissioner
orders as follows: 1. Mr Dunn is reprimanded pursuant to section 299(1)(b)
of the Uniform law. 2. Mr Dunn is ordered to pay a fine in the sum of
$2,000.00 to the Victorian Legal Services Board Public Purpose Fund General
Account.
Ilyas Duzen
IOD Legal
472E Beach
Road,
Beaumaris Victoria 13/10/2015
Principal with
Trust
The Victorian
Legal Services
Board
Commissioner 26/04/2019
Unsatisfactory
professional conduct
under the Legal
Profession Uniform
Law (Vic)
1. The practitioner is reprimanded 2. The practitioner is to complete two
further Continuing Professional Development ("CPD")
units, in addition to the practitioner's CPD obligations under the
Legal profession Uniform Continuing Professional Development (Solicitors)
Rules 2015, in the CPD year ending on 31 March 2020 in the field of Ethics
and Professional Responsibility pursuant to section 299(1)(e) of the Uniform
Law.
Phillip Dwyer
Dwyer Bruce
Legal
Level 9, 99
Queen Street,
Melbourne Victoria 3/12/1973
Employee
without Trust
Victorian Legal
Services
Commissioner 14/10/2019
Unsatisfactory
professional conduct
under the Legal
Profession Uniform
Law (Vic)
Unsatisfactory professional conduct for making statements in
correspondence which were designed to intimidate, embarrass or dissuade
the other party from their legal action and for failing to exercise the required
forensic judgment in following client instructions. The Lawyer is reprimanded
and must undertake two additional points of continuing professional
development in the area of legal ethics.
Samuel Ellenberg N/A Victoria 1/04/1969
Supreme Court
of Victoria 26/03/1984
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Rainer Ellinghaus
Law Offices of
Ellinhaus &
Liidner, North
Melbourne Victoria 3/08/1970
Principal with
Trust VCAT 22/10/2015
Professional
Misconduct,
Unsatisfactory
Professional Conduct
under the Legal
Profession Act 2004
(Vic)
Having found the applicant guilty of one charge of professional misconduct
and three charges of unsatisfactory professional conduct, the Tribunal orders
as follows; 1. Mr Ellinghaus is reprimanded in relation of each of those four
charges; 2. In relation to the charge of professional misconduct, Mr
Ellinghaus is to pay a fine of $1,000 to the Victorian Legal Services Board; 3.
Mr Ellinghaus is to pay 80% of the VLSC's costs, on a standard basis, on the
County Court scale, to be determined by the Costs Court in default of
agreement.
Kenneth Evans N/A Victoria 1/08/1946
Supreme Court
of Victoria 30/09/1966
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
James Farrall N/A Victoria 3/12/1962
Supreme Court
of Victoria 14/10/1977
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck-off).
Brian Fawett N/A Victoria 1/09/1950
Supreme Court
of Victoria 16/06/1970
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Donna-
Maree Field
11 Karwin
Street, Bayview
Heights QLD 30/04/1997
Supreme Court
of Victoria 9/05/2003
Misconduct under
the Legal Practice
Act 1996 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Maxwell Finch N/A Victoria 1/10/1951
Supreme Court
of Victoria 17/05/1963
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Mark Fisher
411 Balcombe
Road,
Beaumaris Victoria 7/04/1983
Supreme Court
of Victoria 18/05/1998
Misconduct under
the Legal Practice
Act 1996 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
David Forster
Whistleblowers
Lawyers
1591
Mornington-
Flinders Road,
Flinders Victoria 1/04/1974
The Supreme
Court of
Victoria 2/12/2016
Professional
misconduct under
the Legal Profession
Uniform Law (Vic)
On 2 December 2016, the Supreme Court ordered by consent that the name
of Mr David Brian Forster be removed from the roll of practitioners
maintained by the Supreme Court of Victoria.
Blair Forsyth N/A Victoria 1/06/1976
Supreme Court
of Victoria 3/03/1986
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Anna Francis
37 Sylvander
Street, Balwyn
North Victoria 1/04/1974
Supreme Court
of Victoria 23/12/1985
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Andrew
Roderick Fraser
Level 8 College
House, 552
Lonsdale
Street,
Melbourne Victoria 1/04/1975
Supreme Court
of Victoria 14/02/2002
Misconduct under
the Legal Practice
Act 1996 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
James Frederick N/A Victoria 3/03/1947
Supreme Court
of Victoria 12/06/1978
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck-off).
Angus Fulton
5 Ally Terrace,
Chirnside Park Victoria 5/11/1997
Principal
without Trust VCAT 28/11/2016
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic) +
Unsatisfactory
Professional Conduct
under the Legal
Profession Act 2004
(Vic)
Finding Found guilty of two charges professional misconduct and one
charge of unsatisfactory professional conduct under the Legal Profession Act
2004 Vic as follows VCAT found Mr Fulton guilty of professional misconduct
for failing to complete work he was engaged to do, despite his knowledge
that Court orders existed and making statements to the court and his client,
which was a substantial or consistent failure to reach or maintain a
reasonable standard of competence and diligence. VCAT also found him
guilty of professional misconduct for failing to reply to statutory requests by
the Commissioner between 27 March 2014 and 7 July 2014. A finding of
unsatisfactory professional conduct was also made in relation to comments
made by Mr Fulton to a third party that was conduct occurring in connection
with legal practice that fell short of the standard of competence and
diligence expected. Penalty Having found Mr Fulton guilty as above, he was
reprimanded, fined $5,000, ordered to lodge with the Board a report with his
applications for PC renewals for the next 5 years, and ordered to pay the
Commissioner costs in the sum of 5,350 dollars.
Nick Galatas
GPZ Pty
Level 1, 401
Malvern Road,
South Yarra Victoria 8/11/1989
Principal with
Trust VCAT 10/03/2016
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
1. Mr Galatas is reprimanded. 2. Mr Galatas is to pay a fine of $7,500.00 to
the Victorian Legal Services Board by 10 June 2016. 3. By 10 March 2017, Mr
Galatas is to complete three CPD in addition to his ordinary CPD obligations.
These three units are to be in the area of trust accounting and practice
management, and are to be approved in advance by the applicant. 4. By 10
June 2016, Mr Galatas is to pay the applicants costs in the agreed amount of
$7,235.76.
Juan Garcia
450 Canning
Street, Carlton
North Victoria 26/04/2005
Supreme Court
of Victoria 23/07/2014 Other
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Patrick Gibson N/A Victoria 1/04/1974
Supreme Court
of Victoria 27/07/1977
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck-off).
John Giles
139 Chapel
Street, St Kilda Victoria 1/05/1979
Supreme Court
of Victoria 20/05/1998
Misconduct under
the Legal Practice
Act 1996 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Matthew Giliberto
51 Robinson
Street,
Dandenong Victoria 1/06/1971
Victorian
Solicitor's Board 23/11/1994
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
(1) Practitioners practising certificate cancelled on 22 December 1994. (2)
Practitioner entitled to apply for a practising certificate as an employee of
another solicitor only after 1 January 1997. (3) Practitioner entitled to apply
for a practising certificate entitling him to practice on his own account only
after he has practised as an employee of another solicitor for at least 2 years.
Ozan Girgin
List H, Owen
Dixom
Chambers East
205 William
Street
Melbourne Victoria 14/11/2006
Supreme Court
of Victoria 14/12/2007
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Morris Glickman N/A Victoria 1/04/1969
Supreme Court
of Victoria 9/11/1979
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Jon Gorr Allansford Victoria 29/07/1991
Supreme Court
of Victoria 15/10/2004
Misconduct under
the Legal Practice
Act 1996 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Kelvin Gough
50 Main Street,
Croydon Victoria 1/05/1975
Supreme Court
of Victoria 10/02/1995
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
John
Osmond Green
26 Stirling
Street, Kew Victoria 1/03/1967
Supreme Court
of Victoria 8/07/1999
Misconduct under
the Legal Practice
Act 1996 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
John Francis Griffiths N/A Victoria 1/05/1970
Supreme Court
of Victoria 14/11/1984
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Luke Grosser
5 Neasham
Drive,
Dandenong
North Victoria 3-Apr-09
Prothonotary of
the Supreme
Court of New
South Wales 9/03/2015
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off) following the removal of his name from the Roll
of Local Lawyers by the Supreme Court of New South Wales.
Luke Grosser
5 Neasham
Drive,
Dandenong
North Victoria VCAT 10/12/2014
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
1. The Tribunal recommends to the Supreme Court that the practitioner be
removed from the local roll of practitioners. 2. A practising certificate may
not be granted to Mr Grosser before 31 December 2021. 3. Unless the Legal
Services Board gives its approval, the practitioner may not carry out any of
the functions of a lay associate of a local legal practitioner or law practice as
those terms are defined in the Act. 4 The practitioner is to pay a fine to LSB
of $5000 in relation to charge 1 5.The practitioner is to pay a fine to the
Legal Services Board of $1,000.00 in relation to charge 2. 6. The practitioner
is to pay the Commissioner's costs of this proceeding fixed in the sum of
$10,021.12
Michael Gullquist
M.J. Gullquist
25 Two Bays
Crescent, Mt
Martha Victoria 2/04/1979
Principal with
Trust
The Supreme
Court of
Victoria 14/12/2017
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
Mr Gullquist sought leave to appeal VCATs decision pursuant to s148 of the
Victorian Civil and Administrative Tribunal Act 1998. The Court found that
Mr Gullquist did not identify an error of law about which there was any real
or significant doubt such as would warrant leave to appeal in relation to any
of the questions of law or proposed grounds of appeal identified in his
submissions. Further, the Court was not satisfied that the Tribunal fell into
error. Leave to appeal was refused and the proceeding was dismissed. Mr
Gullquist was ordered pay the LSCs costs of the proceeding.
Michael Gullquist
M.J. Gullquist
25 Two Bays
Crescent, Mt
Martha Victoria 2/04/1979
Principal with
Trust
The Supreme
Court of
Victoria in the
Court of Appeal 12/10/2018
Unsatisfactory
Professional Conduct
under the Legal
Profession Act 2004
(Vic)
The Court of Appeal Orders that: 1. The application for leave to appeal is
dismissed. 2. The practitioner's application to rely on further evidence is
dismissed. 3. The practitioner pay the Victorian Legal Services
Commissioner's costs on the standard basis.
John Gunn
81 Grant
Street,
Alexandra Victoria 2/12/1974
Supreme Court
of Victoria 15/05/2003
Misconduct under
the Legal Practice
Act 1996 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Robert Hale
College of Law,
2 Chandos
Street, St
Leonards NSW 3/04/1978
Supreme Court
of Victoria 7/06/1996
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Neil Halfpenny
29 Deviation
Road, Kinglake Victoria 3/04/1971
Supreme Court
of Victoria 7/10/2004
Misconduct under
the Legal Practice
Act 1996 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Harold Hall N/A Victoria 3/03/1952
Supreme Court
of Victoria 31/07/1973
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Kenneth Hampson
28 Fenwick
Street, Geelong Victoria 1/04/1968
Supreme Court
of Victoria 28/06/2005
Misconduct under
the Legal Practice
Act 1996 (Vic)
Practitioner's name struck off the Roll of Practitioners of the Supreme Court
of Victoria (struck off).
Morris Henderson
Level 40, 140
William Street,
Melbourne Victoria 1/03/1976 VCAT 2/08/2016
Professional
misconduct under
the Legal Profession
Uniform Law (Vic)
Charge 1. 1. The respondent is found guilty of professional misconduct
within the meaning of section 4.4.3(1)(b) of the Legal Profession Act 2004
(the Act) for engaging in conduct that justifies that he was not a fit and
proper person to engage in legal practice namely his following conduct in not
meeting his taxation obligations. (a) he did not lodge on time tax returns for
each of the financial years from 1 July 1998 to 30 June 2009, which would
have disclosed professional income he had earned for that financial year;
(b) his convictions on 4 August 2011, 28 February 2012 and 28 August 2012
for tax offences for failing to lodge on time income tax returns for each of
the financial years from 1 July 1998 and 30 June 2009; (c) him not having
discharged on time and not by at least 23 November 2012 his obligations to
pay amounts owing for income tax owing for the financial years from 1 July
1998 to 30 June 2009. Charge 3 2. The respondent is found guilty of
professional misconduct within the meaning of section 4.4.3(1)(b) of the Act
for engaging in conduct that justifies a finding that he was not a fit and
proper person to engage in legal practice namely his following conduct in not
complying with the orders of a court: (a) his failure to comply with the
orders of the Magistrates' Court made on 4 August 2011 that he lodge
his income tax returns for each of the financial years from 1 July 1998 to 30
June 2009 on or before 14 November 2011; (b) his convictions on 28 August
2012 in the Magistrates' Court; (c) his failure to pay the $30,000 fine
which he was ordered to pay by the Magistrates' Court on 28 February
2012 Charge 5. 3. The respondent is found guilty of professional misconduct
within the meaning of section 4.4..4(1)(3) of the Act for wilfully or recklessly
failing to comply with section 2.4.27 of the Act in respect of him having been
found guilty of tax offences on 4 August 2011, 26 February 2012 and 28
August 2012. Charge 6. 4. The respondent is found guilty of professional
misconduct within the meaning of section 4.4.3(1)(a) of the Act for wilfully
failing to comply with section 4.4.11(1)(a) of the Act by not responding to the
Applicant's request pursuant to section 4.4.11(1)(a) of the Act for a
written explanation, which was made by letter dated 17 August 2012.
Charges 2 and 4 5. For alternative charges to charge 1 and 3 respectively,
these charges are dismissed as unnecessary. Penalty 6. In relation to
charges 1, 3 and 5 the respondent is not to be granted a practising certificate
enabling him to practise law or otherwise engage in legal practice in any
Paul Henning
4 Kinkora Road,
Hawthorn Victoria 1/11/1978
Supreme Court
of Victoria 22/05/1998
Misconduct under
the Legal Practice
Act 1996 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Robert Hession
Hardys
Level 3, 47
Princess Hwy,
Dandenong Victoria 1/06/1981
Supreme Court
of Victoria 1/03/2018
Professional
misconduct under
the Legal Profession
Uniform Law (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Andrew Hewlett
Level 1, Swann
House, 22
William Street,
Melbourne Victoria 16/03/1982
Prothonotary's
Office Supreme
Court of
Victoria 28/04/2008 Other
The name of the practitioner be removed from the Victorian Roll of local
lawyers.
Dan Horesh
Dan Horesh
Suite 16, 285
Carlisle Street,
Balaclava Victoria 1/12/1982
Principal
without Trust
Victorian Legal
Services
Commissioner 23/06/2018
Unsatisfactory
professional conduct
under the Legal
Profession Uniform
Law (Vic)
Mr Dan Horesh is reprimanded pursuant to section 299(1)(b) of the Uniform
Law
Peter Howell
796 St James
Crescent,
Albury NSW 1/09/1966
Supreme Court
of Victoria 30/11/1998
Misconduct under
the Legal Practice
Act 1996 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Peter Howse
233 Stu Road,
Wantirna Victoria 1/09/1978
Supreme Court
of Victoria 18/08/2003
Misconduct under
the Legal Practice
Act 1996 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Maurice Huze N/A Victoria 1/08/1973
Supreme Court
of Victoria 16/04/1984
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Tariq Ibrahim
RJS Legal Group
PTY LTD
60 Robinson
Street,
Dandenong
North Victoria 14/02/2006
Principal with
Trust
Victorian Legal
Services
Commissioner 1/02/2019
Unsatisfactory
professional conduct
under the Legal
Profession Uniform
Law (Vic)
The lawyer was determined to have engaged in unsatisfactory professional
conduct, in relation to (i) opening a trust account without notifying the
Victorian Legal Services Board, and (ii) receiving trust money whilst holding
an Australian practising certificate that did not authorise the lawyer to do so.
The lawyer was reprimanded, pursuant to s 299(1)(b) of the Legal Profession
Uniform Law (Victoria).
Paul L James
Paul L James
Criminal
Lawyer P/L
Suite 3, Level 1
Midway
Arcade, Eltham Victoria 6/05/2002 VCAT 10/03/2017
Professional
misconduct under
the Legal Profession
Uniform Law (Vic)
1. The practitioner may not be granted a practising certificate before 10
September 2018 (a period of 18 months); 2. The practitioner may not be
granted a practising certificate with or without trust authorisation unless he
first practises as an employee for a minimum of 3 years; 3. The practitioner
must complete 5 CPD units in the area of practice management and trust
accounting before he is permitted to apply for a practising certificate; and 4.
The practitioner is to pay the Commissioner's costs in the amount of
$26,824.07.
Terence Johansson
Contested Will
& Probate
Lawyers
Regus Rialto,
Level 27 South
Tower, 525
Collins Street,
Melbourne Victoria 1/04/1974
Principal with
Trust VCAT 15/12/2015
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
Having found Mr Johansson guilty of one charge of professional misconduct
for breaching s 3.4.28(4)(b) of the Legal Profession Act 2004, the Tribunal
orders as follows: 1. Mr Johansson is reprimanded. 2. Pursuant to s
4.4.19(c) of the Act, and in addition to the respondent's obligations under
the Legal Profession Uniform Continuing Professional Development
(Solicitors') Rules 2015, Mr Johansson is to complete on or before 31 March
2017, a course of further legal education equivalent to two continuing
professional development points relating to practice management. 3. Mr
Johansson is to pay the Commissioner's costs of proceeding in the agreed
sum of $4,200.00.
Jeffrey John
11 Airlie Road,
Montmorency Victoria 2/11/1988
Supreme Court
of Victoria 8/05/2003
Misconduct under
the Legal Practice
Act 1996 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Jack Johnston N/A Victoria 3/10/1955
Supreme Court
of Victoria 12/11/1976
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Justin Judd N/A Victoria 1/11/1979
Supreme Court
of Victoria 28/05/1986
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Norman Just
45 McCallum
Road,
Doncaster Victoria 1/03/1967
Supreme Court
of Victoria 27/10/2004
Misconduct under
the Legal Practice
Act 1996 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Matthew Karakoulakis
AMK Law
L14, 333 Collins
Street,
Melbourne Victoria
Principal with
Trust
Victorian Civil
and
Administrative
Tribunal 25/08/2016
Professional
misconduct under
the Legal Profession
Uniform Law (Vic)
Having found Mr Karakoulakis guilty of two charges of professional
misconduct at common law, one in relation to false or inaccurate
information provided on the practitioner's resume, LinkedIn profile and on
his website and another charge for plagiarism, the Tribunal ordered as
follows: 1. Mr Karakoulakis is reprimanded 2. Mr Karakoulakis is fined
$5000.00 ($2500.00 for each charge) 3. Mr Karakoulakis is to attend a
course or courses to be approved by the Victorian Legal Services
Commissioner in the subject of legal professional ethics to the extent of six
extra continuing professional development points before his local practising
certificate is next renewed. 4. Mr Karakoulakis is to pay the Commissioner's
costs of the proceeding in the agreed sum of $6,708.09.
John Kay
Level 1
Stalbridge
Chambers, 443
Little Collins
Street,
Melbourne Victoria 3/04/1996
Administrative
Decisions
Tribunal of New
South Wales 15/06/2009 Other
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off) following the removal of his name from the Roll
of Local Lawyers in New South Wales by order of the Administrative
Decisions Tribunal of New South Wales.
David Kent-Hughes
Clerk L, Isaacs
Chambers,
Lonsdale
Street,
Melbourne Victoria 7/05/2001
Victorian Legal
Services
Commissioner 18/11/2016
Unsatisfactory
professional conduct
under the Legal
Profession Uniform
Law (Vic)
1. Mr Kent-Hughes be reprimanded pursuant to section 299(1)(b) of the
Uniform Law. 2. Pursuant to section 299(1)(e)(i) of the Uniform Law, Mr Kent-
Hughes is required to participate in not less than 9 hours of counselling for
stress and anger management from the date of the determination, to be
completed before his local practising certificate is next renewed. 3. Mr Kent-
Hughes is required to undertake education at Court Network Inc of the role
of Court Network and the services and duties performed by its volunteers
pursuant to section 299(1)(e)(i) of the Uniform Law, to be completed before
his local practising certificate is next renewed.
Warwick Kerridge
Level 6, 459
Collins Street
Melborune Victoria 30/09/1985
Supreme Court
of Victoria 24/01/2006
Misconduct under
the Legal Practice
Act 1996 (Vic)
Practitioner's name removed from Roll of Practitioners of the Supreme Court
of Victoria (struck off).
Michael Kesik
Hicks & Kesik
15 Main Street,
Mornington Victoria 1/05/1972
Supreme Court
of Victoria 1/07/2005
Misconduct under
the Legal Practice
Act 1996 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Dean Kino
Dean Kino
71 Seymour
Road,
Elsternwick Victoria 7/04/1997
Principal
without Trust
The Victorian
Legal Services
Commissioner 1/10/2018
Unsatisfactory
professional conduct
under the Legal
Profession Uniform
Law (Vic)
Mr Kino has engaged in unsatisfactory professional conduct, being a breach
of rule 34.1.1 and 34.1.2 of the Legal Profession Uniform Law Australian
Solicitors' Conduct Rules 2015. Mr Kino is reprimanded pursuant to section
299(1)(b) of the Uniform Law.
Alexander Koltay
Koltay & Myers
2 Light Close,
Darley Victoria 1/04/1957 VCAT 4/08/2016
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
The Tribunal records Mr Koltay's undertaking given to the Tribunal during
this hearing that he will not apply for a practising certificate, nor engage in
legal practice, at any time in the future in any Australian jurisdiction. The
Tribunal having found Mr Koltay guilty of two charges of professional
misconduct under section 4.4.3(1)(b) of the Legal Profession Act 2004,
having found that he is not a fit and proper person to engage in legal
practice, and having accepted his undertaking, orders by consent, as follows:
1. By August 4 2017, Mr Koltay is to pay his former client, compensation in
the sum of $25,000. 2. By 4 August 2017, Mr Koltay is to pay the Victorian
Legal Services Commissioner's (VLSC's) costs, in the agreed amount of
$9,000.
John James Kotsifas
J. Kotsifas &
Associates
355-357 High
Street,
Northcote Victoria 7/04/1993
Principal with
Trust
Victorian Civil
and
Administrative
Tribunal 7/04/2017
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
1. The practitioner is found guilty of 39 charges of professional misconduct.
2. The principal registrar is directed to schedule a further hearing on or after
17 May 2017 for the purpose of hearing submissions as to disposition. Allow
one day.
John James Kotsifas
J. Kotsifas &
Associates
355-357 High
Street,
Northcote Victoria 7/04/1993
Victorian Civil
and
Administrative
Tribunal 12/09/2017
Unsatisfactory
Professional Conduct
under the Legal
Profession Act 2004
(Vic)
1. The Tribunal recommends to the Supreme Court that the practitioner's
name be removed from the local roll of practitioners. 2. The practitioner is
not apply for any practising certificate before 1 July 2027. 3. The
practitioner is to pay the Victorian Legal Services Commissioner's costs of
this proceeding, including the cost of the application for review and re-
hearing, on a standard basis, on the County Court Scale, to be assessed by
the Costs Court is not agreed. 4. The principal registrar is directed to amend
the register to show the address for service for the practitioner as his email
address.
John James Kotsifas
J. Kotsifas &
Associates
355-357 High
Street,
Northcote Victoria 7/04/1993
Supreme Court
of Victoria 6/03/2018
Professional
misconduct under
the Legal Profession
Uniform Law (Vic)
The practitioner is struck off the Roll of Barristers and Solicitors of the
Supreme court of Victoria, pursuant to the order of The Honourable Justice J
Forrest made on 6 March 2018.
Thomas Kritikidis N/A Victoria 2/04/1970
Supreme Court
of Victoria 31/01/1986
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Adam Krizmanic
157 Yarra
Street, Geelong Victoria 10/12/1977
Supreme Court
of Victoria 19/05/1995
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off.
Lazaros Kyriacou
Kyriacou
Lawyers P/L
Suite 2, Level 1,
86 Grimshaw
Street,
Greensborough Victoria 18/10/2005
Employee
without Trust VCAT 26/11/2015
Unsatisfactory
Professional Conduct
under the Legal
Profession Act 2004
(Vic)
1. The respondent having pleaded guilty to charges 1,2 and 3 of the amended
Application for Order, the Tribunal is satisfied that the respondent is guilty of
unsatisfactory professional conduct within the meaning of section 4.4.2 of
the Legal Profession Act 2004 (the Act). 2. Pursuant to section 4.4.19(k) of
the Act, the respondent is reprimanded. 3. Pursuant to section 4.4.19(c) of
the Act and in addition to the respondent's obligations under the Legal
Profession Uniform Continuing Professional Development (Solicitors) Rules
2015, the respondent is to complete on or before 31 March 2016 a course of
further legal education equivalent to three (3) continuing professional
development points relating to the legal ethics and/or duties in relation to
wills and probate matters, after such course of further study has been
approved by the applicant. 4. Pursuant to clause 46D of Schedule 1 to the
Victorian Civil and Administrative Tribunal Act 1998, the respondent is to pay
the applicant's costs fixed at $2,773.20 on or before 31 March 2016.
Julie Anne Laird
700 High
Street, Kew
East Victoria 1/09/1982
Victorian Legal
Profession
Tribunal 21/09/2004
Misconduct under
the Legal Practice
Act 1996 (Vic)
Practitioner not entitled to apply for a practising certificate for a period of 30
years.
Julie Anne Laird
700 High
Street, Kew
East Victoria 1/09/1982
Supreme Court
of Victoria 17/12/2004
Misconduct under
the Legal Practice
Act 1996 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Huy Anh Le
64 Elizabeth
Street,
Richmond Victoria 7/04/1993
Victorian Civil
and
Administrative
Tribunal 31/05/2006
Misconduct under
the Legal Practice
Act 1996 (Vic)
Practitioner to provide medical evidence of suitability to engage in legal
practice on any application made by him to be issued with a practising
certificate.
George Levick N/A Victoria 3/11/1948
Supreme Court
of Victoria 30/07/1974
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Alex Lewenberg
Lewenberg &
Lewenberg
3 Toorak Road,
South Yarra Victoria 1/04/1969
Principal with
Trust VCAT 12/04/2016
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
1. The Tribunal makes the following Determinations, having found Alex
Lewenberg guilty of charges 1 and 3 and that in each case Alex Lewenberg
engaged in professional misconduct within the meaning of s 4.4.4(a) of the
Legal Profession Act 2004. 2. Pursuant to s.4.4.17(b) and s 4.4.19(c) and (k)
of the Legal Profession Act 2004, the Tribunal orders that: (a) Alex
Lewenberg be reprimanded; (b) The local practising certificate of Alex
Lewenberg shall be suspended for a period of 15 months with effect from 1
June 2016; and (c) Prior to retuning to practice, the Respondent shall
undertake and complete a course or courses of legal education in ethics and
professional responsibility, as directed and approved by the Applicant, in
addition to the minimum requirements for continuing professional
development provided under the Legal Profession Uniform Continuing
Professional Development (Solicitor) Rules 2015. 3. Pursuant to Clause
46D(2) of Schedule 1 to the Victorian Civil and Administrative Tribunal Act
1998, the Respondent shall pay the Applicant's costs of the application for
Order to the Tribunal pursuant to Division 4 of Part 4.4 of the Legal
Profession Act 2004, such costs to be fixed at $55,455.41.
Philip Linacre
Level 1, 550
Lonsdale
Street,
Melbourne Victoria 1/03/1977
The Supreme
Court of
Victoria at
Melbourne 24/03/2014
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck-off).
John Little
29 Mortimore
Street,
Moorabbin Victoria 1/05/1961
Supreme Court
of Victoria 11/06/1991
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Phillip Livingston
22 John Street,
Elwood Victoria 7/04/1988
Supreme Court
of Victoria 5/08/1992
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Joseph Lo Presti N/A Victoria 1/04/1974
Supreme Court
of Victoria 16/06/1993 Other
Name removed from Supreme Court Roll (struck off) on own application on
16 June 1993 on the grounds that he no longer wished to practice as a
Barrister and Solicitor, he had been convicted of offences arising out of his
practise as a solicitor, sentenced to and served a term of imprisonment.
Nicholas Logan
N. P (Essendon)
P/L T/A Nick
Logan &
Associates
Unit 6, 143
Sussex Street,
Pascoe Vale Victoria 16/12/2002
Victorian Civil
and
Administrative
Tribunal 24/11/2016
Professional
misconduct,
Unsatisfactory
professional conduct
under the Legal
Profession Uniform
Law (Vic)
Having found Mr Logan guilty of two charges of professional misconduct and
one charge of unsatisfactory professional conduct, the Tribunal orders as
follows: 1. Mr Logan is reprimanded. 2. Mr Logan is to pay a fine of
$5,000.00 payable to the Legal Services Board within 120 days. 3. Mr Logan
is to pay the Commissioner's costs of proceeding fixed in the sum of
$15,000.00 within 120 days.
Nicholas Logan
N. P (Essendon)
P/L T/A Nick
Logan &
Associates
Unit 6, 143
Sussex Street,
Pascoe Vale Victoria 16/12/2002
Victorian Civil
and
Administrative
Tribunal 21/02/2017
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
The practitioner is ineligible to apply for or be granted a new practising
certificate before 1 May 2024. The practitioner is to pay $32,863.86 in
compensation. The practitioner is referred to the Supreme Court of Victoria
with a recommendation that his name be struck off the Roll of Practitioners.
The practitioner is to pay the Victorian Legal Services Board Commissioner's
costs of this proceeding on a standard basis at 80% of Supreme Court Scale,
to be assessed by the Costs court in default of agreement.
Nicholas Logan
N. P (Essendon)
P/L T/A Nick
Logan &
Associates
Unit 6, 143
Sussex Street,
Pascoe Vale Victoria 16/12/2002
Victorian Civil
and
Administrative
Tribunal 14/03/2018
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic) +
Common Law
Misconduct
1. The practitioner is ineligible to apply for or be granted a new practising
certificate before 1 May 2024. 2. The practitioner is to pay compensation in
the sum of $32,863.86. 3. The practitioner is referred to the Supreme Court
of Victoria with a recommendation that his name be struck off the Roll of
Practitioners. 4. The practitioner is to pay the Victorian Legal Services
Commissioner costs of this proceedings on a standard basis at 80% of
Supreme Court Scale, to be assessed by the Costs Court in default of
agreement.
Haidi Lun
11 Goble
Street, Niddrie Victoria 17/04/2007
Supreme Court
of Victoria 2/03/2010
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Philip G Lynch
2032 Geelong
Road, Ballarat Victoria 29/05/2002 VCAT 28/04/2015
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic) +
Common Law
Misconduct
1. Mr Lynch be reprimanded. 2. Mr Lynch may not apply for a practising
certificate for 12 months. 3. Prior to the issue of any future practising
certificate, Mr Lynch must undergo a mental health assessment to determine
whether he is a fit and proper person to hold a practising certificate. 4. Mr
Lynch is to pay the LSC's costs on a standard basis on the County Court Scale
to be determined by the Costs Court in default of judgement.
David MacDonald N/A Victoria 3/03/1952
Supreme Court
of Victoria 5/02/1965
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Kenneth Mackenzie N/A Victoria 1/03/1951
Supreme Court
of Victoria 3/04/1974
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
John Maguire
4 Veronica
Street,
Inverloch Victoria 1/04/1974
Victorian Civil
and
Administrative
Tribunal 5/04/2018
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
1. By consent the directions hearing fixed for 5 April 2018 is converted into a
final hearing. 2. The Tribunal notes that the practitioner admits the
allegations contained in the Application for Orders and that he pleads guilty
to Charge 1. 3. On the basis of the practitioner's plea of guilty to
Charge 1, the Tribunal finds the charge proved. 4. Charge 2 is withdrawn
with the leave of the Tribunal. 5. The Tribunal notes that the practitioner
has undertaken to the Tribunal not to practise as an Australian legal
practitioner in any Australian Jurisdiction at any time in the future. 6. In
respect of Charge 1, the practitioner is reprimanded. 7. The practitioner is
to pay the Victorian Legal Services Commissioner costs of this proceeding on
a standard basis on the Supreme Court scale, to be assessed by the Costs
Court in default of agreement.
Richard Makarucha
17 Cumberland
Street,
Eaglemont Victoria 3/03/1969
Supreme Court
of Victoria 18/04/1994
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Thomas Maloney N/A NSW 1/05/1974
Supreme Court
of Victoria 30/11/1982
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Brian Maloney
BM Legal
2 Warrenwood
Ave, Hoppers
Crossing Victoria 7/04/1988
The Supreme
Court of
Victoria 29/08/2014 Other
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck-off).
John Henry Marshall
98 Longview
Road, Croydon Victoria 1/04/1977
Supreme Court
of Victoria 19/04/1994
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Romuald Martin
Level 6, 128
Exhibition
Street,
Melbourne Victoria 1/03/1955
Supreme Court
of Victoria 21/12/2000
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Panteleon Mastrosavvas
110 Eglinton
Street, Moonee
Ponds Victoria 3/03/1980
Supreme Court
of Victoria 26/10/1990
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Robert McBain
40 Lisbeth
Avenue,
Donvale Victoria 1/03/1976 VCAT 24/09/2015
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
1. The respondent is reprimanded in relation to each of the charges of which
he has been found guilty. 2. The Tribunal accepts the undertakings given it to
by the respondent that: (a) He will not act as an executor or administrator of
any estate other than that of a member of his immediate family; and if
appointed as executor or administrator of any estate other than that of a
member of his immediate family, he will immediately renounce such
appointment. (b) He will not practice or seek to practise in any area of law
other than family law, either as an employee or howsoever otherwise. 3.
The respondent is disqualified from holding a PC during the current practising
period, that is until 30 June 2016. 4. The respondent is not be issued with a
PC in relation to the period commencing 1 July 2016 until such time as he has
filed with the VLSB a report from Mr Tim Watson-Munro, or other suitably
qualified psychologist approved by the VLSB, attesting to the treatment
received by the respondent and satisfying the VLSB that the respondents
psychological health is such that he is fit to be issued with a PC. 5. The
respondent may only practise as an employee until 30 June 2020.
Roxanne McCardle
RMcCardle
C/- 3 New
Jersey
Crescent,
Goolwa
South
Australia
The Victorian
Legal Services
Commissioner 30/11/2016
Unsatisfactory
professional conduct
under the Legal
Profession Uniform
Law (Vic) Reprimand
Peter J McCarthy
2 Market
Street, Sydney NSW 19/07/1993
Legal Services
Division of the
Administrative
Decisions
Tribunal 21/04/2008
Conduct amounting
to professional
misconduct under a
corresponding
interstate law
The practitioner's name was removed from the local roll of practitioners
pursuant to an order made on 21 April 2008 by the Legal Services Division of
the Administrative Decisions Tribunal NSW.
Francis McGrath
16 Beach
Street,
Dromana Victoria 1/04/1981
Supreme Court
of Victoria 6/08/2010
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Peter McLean
332A Suite 1,
Main road East,
St Albans Victoria 2/11/1981
Supreme Court
of Victoria 5/10/2004
Misconduct under
the Legal Practice
Act 1996 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Bruce McNab
Diamonds
Solicitors
205/6 Victoria
Street, St Kilda Victoria 1/04/1982
Employee
without Trust
The Victorian
Civil and
Administrative
Tribunal 31/08/2017
Professional
Misconduct,
Unsatisfactory
Professional
Conduct, Common
Law Misconduct
under the Legal
Profession Act 2004
(Vic)
Finding: Professional Misconduct under the Legal Profession Act 2004 (Vic) x
5, Misconduct at Common Law x 1, Unsatisfactory Professional Conduct
under the Legal Profession Act 2004 (Vic) x 3. Penalty: 1. In respect of each
of charges 1, 3, 5, 7, 9, 12, 13, 15 and 18 Mr McNab is reprimanded. 2. The
following periods of suspension are to operate concurrently, with an
effective period of suspension of nine months to commence on 1 October
2017: a. In respect of charge 1, Mr McNab's practising certificate is
suspended for 3 months commencing on 1 October 2017; b. In respect of
charge 7, Mr McNab's practising certificate is suspended for a period of 9
months commencing on 1 October 2017; c. In respect of charge 9, Mr
McNab's practising certificate is suspended for a period of 6 months
commencing on 1 October 2017; d. In respect of charge 13, Mr McNab's
practising certificate is suspended for a period of 2 months commencing on 1
October 2017; e. In respect of charge 15, Mr McNab's practising certificate is
suspended for a period of 1 month commencing on 1 October 2017. 3. In
respect of charges 1, 7, 9, 13 and 15, until 1 July 2022, any practising
certificate issued to Mr McNab shall be limited to an employee practising
certificate. 4. In respect of charges 1, 7, 9, 13 and 15, until 1 July 2019, any
practising certificate issued to Mr McNab shall be subject to the condition
that a nominated principal of the firm employing Mr McNab, as approved by
the Commissioner, act as a supervisor to Mr McNab reporting to the
Commissioner six monthly. 5. In respect of all charges, Mr McNab is to
undertake a total of 20 hours continuing professional development (CPD),
additional to the usual CPD requirement, to be completed over the next 2
years, and to be approved by the Commissioner, in the area of ethics and
professional responsibilities. The 20 hours specified is not to include any
papers, seminars or otherwise, which may be given by Mr McNab. 6. Mr
McNab is to pay the VLSC's costs to be taxed in default of agreement. If, due
to bankruptcy, it is necessary for payment of the costs to be deferred, the
parties may do so by agreement in writing and otherwise have liberty to
apply in respect of the date for payment of the costs.
Michael Meehan
49 Wattletree
Road,
Armadale Victoria 1/03/1967
Supreme Court
of Victoria 8/07/1999
Misconduct under
the Legal Practice
Act 1996 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Saad Merhi
Saad Merhi
33 High Street,
Geln Iris Victoria 20/04/2005
Employee
without Trust VCAT 20/07/2017
Professional
misconduct under
the Legal Profession
Uniform Law (Vic) +
common law
misconduct
1. Pursuant to section 4.4.4.17(c) of the Legal Profession Act 2004, a local
practising certificate is not to be granted to Mr Merhi during the period from
1 August 2017 to 31 July 2019 (head disqualification period), such period
being comprised as follows: (a)on charges 1 to 4 an aggregate period of
disqualification of 14 months; and (b)on charge 5 an additional period of
disqualification of 10 months to run cumulatively upon the aggregate period
of suspension imposed for charges 1 to 4. 2. Twelve months of the head
disqualification period is wholly suspended for a period of 18 months
commencing on 1 August 2018 (suspended order period). During the
suspended order period a local practising certificate may be granted to Mr
Merhi. 3. During the suspended order period, Mr Merhi shall not engage in
or commit any act of professional misconduct or unsatisfactory professional
conduct.
John Mingos
Level 1, 265A
Springvale
Road, Glen
Waverley Victoria 3/08/1981 VCAT 3/06/2016
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic) +
Common Law
Misconduct
1. Mr Mingos is reprimanded. 2. Mr Mingos's local practising certificate is
cancelled with effect from 14 June 2016, no local practising certificate may
be issued to him before 14 June 2017, and a practising certificate entitling
him to act as a principal of a practice may not be granted to him before 14
June 2019. 3. Mr Mingos is to pay the Victorian Legal Services
Commissioner's costs of the proceeding fixed as agreed by the parties in the
amount of $20,605, such costs to be paid in five equal monthly instalments
of $4,121 on or before each of the following dates: 31 May 2016, 31 July
2016, 31 August 2016 and 30 September 2016. If any instalment of the costs
owing in accordance with this order is not paid within 14 days after its due
date, the entire remaining debt becomes due and payable.
Andrew Moore
Clerk B, Owen
Dixon
Chambers, 205
William Street
Melbourne Victoria 7/04/1983 Barrister
Victorian Civil
and
Administrative
Tribunal 1/06/2010
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
(5) Until 31 December 2020 while the practitioner continues to hold a
practising certificate or until the practitioner permanently ceases legal
practice, whichever occurs sooner, the practitioner's legal practice is to be
subject to the following conditions: (a) he is to inform the Legal Services
Commissioner in writing of any failure after the date of the order to comply
with his taxation obligations within seven days of such failure; and (b) on 1
July and 1 February in each year, commencing 1 July 2010, he is to provide
the Legal Services Commissioner with a written report from a medical
practitioner as to the respondent's continued physical and mental capacity to
practice.
Michael Moriarty
8 Sargood
Street, Toorak Victoria 1/05/1964
Supreme Court
of Victoria 5/06/1995
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Alan Munt
347 Main Road,
Emerald Victoria 3/11/1980
Supreme Court
of Victoria 9/04/2015 Other
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck-off).
Visa Nathan
Nathan
Dorevich
Lawyers, 1/303
Springvale
Road,
Springvale Victoria 8/11/1993
Principal with
Trust
Victorian Legal
Services Board 21/06/2016
The Lawyer advised the Complainant that to alter Family Court Orders, it
would cost $750 plus GST and a deposit of $500 was paid. This money was
not deposited into trust pursuant to s.3.3.13 of the LPA nor was a costs
disclosure provided. Three months later the Lawyer advised that his estimate
was $1,500 and would increase to $3,000. A week later he revised it to
$1,500. In order to meet his instructions, the Lawyer drafted a binding
financial agreement, which was undated and did not meet the criteria of the
Family Law Act 1975 and several versions of Proposed Consent Orders, which
were all rejected by the Court. Issue: Failure to provide a costs disclosure,
failure to deposit trust money and poor work. 1. The Lawyer is to refund the
Complainant the $500 deposit. 2. The Lawyer shall participate in the
following courses as soon as possible: a. Bookkeepers Trust Recording
Workshop; and b. Authorisation to Receive Trust Money Course. 3. The
Lawyer is reprimanded pursuant to s.299(1)(b) of the Uniform Law.
Visa Nathan
Nathan
Dorevich
Lawyers, 1/303
Springvale
Road,
Springvale Victoria 8/11/1993
Principal with
Trust
Victorian Legal
Services Board 17/03/2017 Other
The Lawyer advised the Complainant that to alter Family Court Orders, it
would cost $750 plus GST and a deposit of $500 was paid. This money was
not deposited into trust pursuant to s.3.3.13 of the LPA nor was a costs
disclosure provided. Three months later the Lawyer advised that his estimate
was $1,500 and would increase to $3,000. A week later he revised it to
$1,500. In order to meet his instructions, the Lawyer drafted a binding
financial agreement, which was undated and did not meet the criteria of the
Family Law Act 1975 and several versions of Proposed Consent Orders, which
were all rejected by the Court. Issue: Failure to provide a costs disclosure,
failure to deposit trust money and poor work. Orders: 1. The Lawyer is to
refund the Complainant the $500 deposit. 2. The Lawyer shall participate in
the following courses as soon as possible: a. Bookkeepers Trust Recording
Workshop; and b. Authorisation to Receive Trust Money Course. 3. The
Lawyer is reprimanded pursuant to s.299(1)(b) of the Uniform Law.
Visa Nathan
Nathan
Dorevich
Lawyers, 1/303
Springvale
Road,
Springvale Victoria 8/11/1993
Principal with
Trust VLSC 21/01/2020
Unsatisfactory
professional conduct
under the Legal
Profession Uniform
Law (Vic)
Pursuant to section 299(1) of the Uniform Law, the Victorian Legal Services
Commissioner has decided that Mr Nathan has engaged in unsatisfactory
professional conduct and makes the following orders: 1. Mr Nathan is
reprimanded pursuant to s. 299(1)(b) of the Uniform Law; and 2. Mr Nathan
is to undertake two additional points of Continuing Professional
Development in training to improve his communication with clients pursuant
to s.299(1)(e) of the Uniform Law.
Gary Needham
Melbourne
Legal Partners
Level 2, 3 River
Street, South
Yarra Victoria 1/03/1969 VCAT 19/05/2016
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
1. Pursuant to section 4.4.19(k) of the Act, the Respondent is reprimanded.
2. Pursuant to Clause 46(D)(2) of Schedule 1 of the Victorian Civil and
Administrative Tribunal Act 1998, the Respondent shall pay the
Applicant's costs fixed in the sum of $23,506.18 (Costs). 3. The Costs
are to be paid as follows: (a) on or before 1 June 2016, $2,000.00; (b) on or
before 1 July 2016, $2,000.00; (c) on or before 1 August 2016, $2,000.oo;
(d) thereafter, on the first day of each following month a payment of
$4,000.00, until the Costs have been paid in full; and (e) in the event that the
Respondent fails to make a monthly payment on the nominated date, the
whole of the Costs (less any payments already made) will become
immediately payable.
Dennis Newby
Avonmore
Avenue,
Portland Victoria 2/09/1985
Supreme Court
of Victoria 26/05/1992
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Peter Ng
Berkley Street,
Huntingdale Victoria 7/03/1994
Supreme Court
of Victoria 22/06/2017
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
Order of VCAT Senior Member Gerard Butcher dated 25 July 2016. 1. The
respondent having pleaded guilty, he is found guilty of professional
misconduct within the meaning of section 4.4.3(1) of the Legal Profession Act
2004 (the Act), namely misconduct at common law, in that he: a) breached
his fiduciary duties to a client for whom he acted as attorney under power by
acting in a situation of conflict with his personal interests, profiting from his
role as attorney and/or failing to account; and b) charged commission to the
client Littledyke when he had no entitlement to do so. 2. The respondent
having pleaded guilty, he is found guilty of unsatisfactory professional
conduct within the meaning of section 4.4.4(a) of the Act, in that in breach of
section 3.4.26 of the Act, he failed to disclose to the client Littledyke
substantial changes as to the basis on which legal costs would be calculated
and the estimate of total legal costs or a range of estimates and an
explanation of the major variables. 3. The respondent having pleaded
guilty, he is found guilty of professional misconduct within the meaning of
section 4.4.3(1) of the Act, namely misconduct at common law, in that he did
not provide full and frank information to the Victorian Civil and
Administrative Tribunal in the course of an application seeking retrospective
approval of fees and commission. 4. The Tribunal accepts the following
undertaking given by the respondent: I, Peter Lee Tong Ng, undertake that I
will not at any time in the future agree to accept an appointment as Power of
Attorney and I will renounce any existing appointment save for any
appointment as Power of Attorney of a family member. Dated the 12th day
of July 2016 (signed) Peter Lee Tong Ng 5. Substituted by Supreme Court
orders of 22 June 2017 (see below). 6 The respondent is to pay the
applicant's costs of this proceeding agreed in the sum of $8,500.00 by way of
the following instalments: $2,000.00 on or before 15 August 2016
$2,000.00 on or before 15 September 2016 $2,000.00 on or before 15
October 2016 $2,500.00 on or before 15 November 2016. Order of
Supreme Court Justice Cameron dated 22 June 2017. 1. In substitution for
Order 5 of the Victorian Civil and Administrative Tribunal order dated 25 July
2016 (J16/2016), Mr Ng's practising certificate is to be suspended with effect
from 1 October 2017 until 28 February 2018. 2. Mr Ng otherwise abandons
his application for leave to appeal. 3. Mr Ng agrees to pay the VLSC's costs in
the fixed sum of $20,000 payable as follows; a. $4,000 on or before 3 July
Vu Nguyen
Flat 8, 178
Ferguson
Street,
Williamstown Victoria 1/03/1999
Supreme Court
of Victoria 5/04/2011
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Cecilia Nguyen
Mason Black
Lawyers
Level 7, 505
Little Collins
Street,
Melbourne Victoria 11/12/2007
Supreme Court
of Victoria 21/06/2011
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Andrew Nguyen
5 Murnong
Street,
Maribyrnong Victoria 29/03/2004
The Supreme
Court of
Victoria 23/08/2013
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck-off).
Danny Nguyen
4/44 Ross
Street, Toorak Victoria 19/02/2013
Victorian Civil
and
Administrative
Tribunal 3/07/2018
Professional
misconduct under
the Legal Profession
Uniform Law (Vic) +
Unsatisfactory
professional conduct
under the Legal
Profession Uniform
Law (Vic)
Finding: Four charges of Professional Misconduct within the meaning of
section 297(1)(a) of the Legal Profession Uniform Law (Vic) being misconduct
at common law. One charge of Unsatisfactory Professional Conduct within
the meaning of section 286 of the Uniform Law for failing to notify the Board
within 7 days that the respondent had been charged with serious offences.
Penalty: The Tribunal ordered a global penalty as follows: 1. Mr Nguyen
not be granted an Australian practising certificate (PC) for a period of 22
months. 2. Any PC granted thereafter be limited to an employee PC for a
period of 24 months. 3. Mr Nguyen is to engage in 6 Continuous
Professional Development (CPD) points related to ethics and professional
conduct, in addition to the normal CPD requirements for those subjects, to
be concluded before application for a further PC. 4. Mr Nguyen is to pay the
Commissioner's costs in the sum of $8,323.22, $2,000.00 of such costs
to be payable to the Commissioner within 30 of this order and the balance
payable within 6 months of the date of this order.
Steven Nikolaidou
John Curtain &
Associates Pty
Level 10, 575
Bourke Street,
Melbourne Victoria 6/11/1996
Employee
without Trust VCAT 18/02/2020
Professional
misconduct under
the Legal Profession
Uniform Law (Vic)
Having found Mr Steven Nikolaidou guilty of one charge of professional
misconduct within the meaning of section 297(1)(a) of the Uniform Law, the
Tribunal orders as follows: 1. Mr Nikolaidou is reprimanded. 2. Mr
Nikolaidou is to pay a fine of $2,000.00 to the Victorian Legal Services Board.
3. Mr Nikolaidou is to pay the Commissioner's costs of proceeding in the
agreed sum of $20,000.00
Eduard Nyhof
7 Shoubra
Court, Highton Victoria 1/03/1979
Victorian
Solicitors' Board 4/07/1995
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
(1) Practitioner entitled to apply for an employee practising certificate only
after 31 December 1996. (2) Practitioner entitled to apply for a full
practising certificate only after he has practised as an employee for at least
one year.
Eduard Nyhof
7 Shoubra
Court, Highton Victoria 1/03/1979 VCAT 10/10/2008
(1) Practitioner entitled to apply for an employee practising certificate only
after 31 December 1996. (2) Practitioner entitled to apply for a full
practising certificate only after he has practised as an employee for at least 1
year.
James O'Brien N/A Victoria 1/03/1966
Supreme Court
of Victoria 12/11/1976
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck-off).
Ralph O'Brien
Shop 2, 24
Chute Street,
Diamond Creek Victoria 2/06/1975
Supreme Court
of Victoria 28/08/1997
Misconduct under
the Legal Practice
Act 1996 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Denis James O'Brien
O'Brien
Lawyers
64 Mclachlan
Street,
Horsham Victoria 1/04/1971
Employee
without Trust VCAT 26/10/2016 Other
1. The practitioner is reprimanded 2. The practitioner is to pay a file of
$45,000, with a stay on payment until 9 December 2016 3. The practitioner's
local practising certificate is suspended for a period of six months (the head
suspension period), which head suspension period is wholly suspended for a
period of two years from the date of this order (the suspended order period)
4. During the suspended order period a local practising certificate may be
granted to the practitioner. 5. During the suspended period the practitioner
shall not engage in or commit any act of professional misconduct or
unsatisfactory professional conduct 6. Before next year's practising
certificate is issued, the practitioner is to undertake and complete: a. 10
hours of professional development in the area of ethics and professional
responsibility, in addition to the usual CPD requirements. The course is to be
approved by the Victorian Legal Services Commissioner and the practitioner
is to provide evidence of completion to the Victorian Legal Services
Commissioner; and b. six one-hour counselling sessions with a senior
counsellor who is to be approved by the Victorian Legal Services
Commissioner, to be undertaken as one hour per month of six months. The
senior counsellor is to report to the Victorian Legal Services Commissioner on
the fact that the professional counselling has been completed. 7. In the
event that the respondent fails to comply with order 5 during the suspended
order period, the Victorian Legal Services Commissioner may make
application to the Tribunal to revoke the suspended order period. On such
application, if the Tribunal is satisfied that a material breach of this order has
occurred during the suspended order period, and is satisfied that it is
appropriate in all the circumstances, Order 3 will be vacated, and the
practitioner's practising certificate will be cancelled and a local practising
certificate not granted to the practitioner before the expiry of six months
from the date of cancellation or six months and any further period that the
Tribunal may determine, having regard to the circumstances of the breach of
the Order. 8. The practitioner is to pay the Victorian Legal Services
Commissioner costs of the proceeding agreed in the amount of $29,749.74
payment of which is to be stayed until 9 March 2017.
Victor O'Connor N/A Victoria 1/12/1943
Supreme Court
of Victoria 15/06/1965
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Bryan Ogge
36 Fawkner
Street, South
Yarra Victoria 1/08/1967
Supreme Court
of Victoria 12/10/1999
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Beresford Ogilvie N/A Victoria 1/06/1971
Supreme Court
of Victoria 6/12/1974
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck-off).
Ibidapo Olayemi
1 Morgan
Court,
Endeavour Hills Victoria 10/09/2013 VCAT 20/08/2019
Professional
misconduct under
the Legal Profession
Uniform Law (Vic) +
common law
misconduct
The lawyer engaged in professional misconduct within the meaning of
section 297(1) of the Uniform Law, namely misconduct at common law. The
lawyer is (1) reprimanded, (2) ineligible to apply for or be granted an
Australian practising certificate for a period of 18 months from the date of
the order, (3) any Australian practising certificate granted thereafter shall be
limited to an employee certificate with the supervised legal practice
condition for a period of 2 years in addition any remaining period he is
required to satisfy pursuant to s 49(1) of the Legal Profession Uniform Law
(Victoria), (4) the first certificate granted thereafter is to be subject to a
condition that the lawyer shall within the first six months of the practising
period complete 8 hours of continuing professional development in the area
of Ethics and Professional Responsibility (in addition to any mandatory
professional development requirements), and (5) to pay the Victorian Legal
Services Commissioner's costs fixed at $6,000.
Shane Parsons
Suite 5, 5th
Floor,
1 Princess
Street, Kew Victoria 2/04/1984
Supreme Court
of Victoria 30/05/1995
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Douglas Patrick
4 Selwyn
Street,
Canterbury Victoria 3/03/1975
Employee
without Trust
Victorian Legal
Profession
Tribunal 15/03/2004
Misconduct under
the Legal Practice
Act 1996 (Vic)
Until 1 July 2040, the practitioner is only entitled to apply for a practising
certificate as an employee of another legal practitioner or firm, with the
condition that he is not authorised to receive trust money.
Douglas Patrick
4 Selwyn
Street,
Canterbury Victoria 3/03/1975
Employee
without Trust
Victorian Civil
and
Administrative
Tribunal 7/04/2008
Misconduct under
the Legal Practice
Act 1996 (Vic)
(1) The following conditions were imposed on the practitioner's practising
certificate: (i) he is only authorised to engage in legal practice as an
employee of a law practice; and (ii) he is not authorised to receive or deal
with trust money.
Philip Peters
Feehans Road,
Sunbury Victoria 1/12/1972
Supreme Court
of Victoria 4/11/1994
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Nelson Pinto
43 Gratten
Street, South
Morang Victoria 7/11/2001
Employee
without Trust VCAT 28/11/2016
Unsatisfactory
Professional Conduct
under the Legal
Profession Act 2004
(Vic)
Body that made the decision VCAT Date of order 28 November 2016 Finding
Found guilty of unsatisfactory professional conduct under the Legal
Profession Act 2004 Vic. Penalty VCAT found Mr Pinto guilty of
unsatisfactory professional conduct within the meaning of section 4.4.2 of
the LPA, in that as a principal of Pinto Law, he failed to comply with Court
orders which is conduct occurring in connection with legal practice that fell
short of the standard of competence and diligence that a member of the
public is entitled to expect of a reasonably competent legal practitioner.
Having found Mr Pinto guilty, he was reprimanded and ordered to pay the
Commissioner costs in the sum of 3,500 dollars. VCAT also ordered that Mr
Pinto not be granted a practising certificate entitling him to practice as a
principal until 1 July 2019.
Alistair Pirie
4th floor
450 St Kilda
Road,
Melbourne Victoria 3/03/1969
Victorian
Solicitors' Board 7/11/1991
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
(1) Practitioner may only apply for a practising certificate which is to operate
from a date later than 31 December 1992 (2) No practising certificate is to
be granted to the practitioner unless: (a) his trust accounts in respect of past
years are regularised and, in particular, an audit report up to 31 December
1990 is lodged with the Secretary of the Law Institute; and (b) he undertakes
and completes any course of instruction required of him either by the
Secretary of the Law Institute or the Director of Professional Standards.
Harold Podem N/A Victoria 2/06/1941
Supreme Court
of Victoria 14/12/1973
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Christopher Pola N/A Victoria 1/12/1977
Supreme Court
of Victoria 22/06/1987
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Sydney Powell
SB Powell & Co
19 Tunstall
Suare,
Doncaster East Victoria 5/04/1956
Victorian Civil
and
Administrative
Tribunal 15/07/2013
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
As the practitioner has provided a signed undertaking that he will not apply
for a practising certificate again, it is ordered that no practising certificate be
granted to the respondent again. The practitioner pay the applicatn's costs
on the County Court scale of costs, to be taxed in default of agreement, to be
assessed by the Victorian Costs Court.
Anton Pusztai
30 Goldsworthy
Road, Corio Victoria 3/03/1986
Supreme Court
of Victoria 13/12/1993
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Bryce Quarry N/A Victoria 1/11/1972
Supreme Court
of Victoria 25/02/1977
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck-off).
Pervez Rahman
Victory Law
30/34 Wells
Road, Chelsea
Heights Victoria 17/04/2012
Principal with
Trust
Victorian Legal
Services
Commissioner 14/01/2019
Unsatisfactory
professional conduct
under the Legal
Profession Uniform
Law (Vic)
1. Mr Pervez Rahman be reprimanded pursuant to section 299(1)(b) of the
Uniform Law. 2. Pursuant to section 299(1)(e) Mr Pervez Rahman is
required, within 6 months of the date of the determination, to complete the
Law Institute of Victoria's Bookkeeper's Trust Recording Workshop or other
similar trust accounting course. This is in addition to his annual requirement
to complete 10 units of Continuing Professional Development.
John Ravaneschi
15 Majory
Street, Fawkner Victoria 2/09/1974
Supreme Court
of Victoria 29/06/1995
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Margaret Rollo
Level 16, 222
Exhibition
Street,
Melbourne Victoria 1/04/1982
Supreme Court
of Victoria 24/01/2006
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Albert Romanin
28 Fairfield
Avenue,
Camberwell Victoria 1/05/1979
Supreme Court
of Victoria 17/10/1995
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Kenneth Rook
Dickson Fisher
Macansh
Level 17, 1
Castlereagh
Street, Sydney NSW 31/08/1987
Administrative
Decisions
Tribunal of New
South Wales 4/08/2011 Other
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off) following the removal of his name from the Roll
of Local Lawyers in New South Wales by order of the Administrative
Decisions Tribunal of New South Wales.
Joseph Rose
Rose Lawyers
and
Conveyancers
10 Brentford
Square, Forest
Hill Victoria 2/03/1973
Principal with
Trust
Victorian Legal
Services
Commissioner 7/05/2018
Unsatisfactory
professional conduct
under the Legal
Profession Uniform
Law (Vic)
Finding: The lawyer has engaged in unsatisfactory professional conduct by
engaging in gross overcharging and failing to give proper costs disclosure,
failing to act in accordance with instructions and failing to provide a final
trust account settlement document as requested. Order: The lawyer is
reprimanded pursuant to section 299(1)(b) of the Uniform Law.
Stanley Rosenberg
733 Malvern
Road, Toorak Victoria 1/03/1965
Supreme Court
of Victoria 15/06/1990
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Leopold Rosenthal
Suite 3, 4th
Floor, 2 Collins
Street,
Melbourne Victoria 1/04/1965
Supreme Court
of Victoria 10/12/1987
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Lawrence Rostron
Unit 1, 165
Glen Eira Road,
Ripponlea Victoria 1/03/1949
Supreme Court
of Victoria 15/10/1990
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off)
Arthur Row N/A Victoria 1/08/1951
Supreme Court
of Victoria 15/06/1965
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Robert Rushford
141 Victoria
Avenue, Albert
Park Victoria 11/04/1994
Victorian Civil
and
Administrative
Tribunal 7/06/2012
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic) +
Misconduct under
the Legal Practice
Act 1996 (Vic)
(2) Practitioner not entitled to apply for a principal practitising certificate or
hold trust money before 1 July 2022.
Robert Rushford
141 Victoria
Avenue, Albert
Park Victoria 11/04/1994
Supreme Court
of Victoria 20/12/2012
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (Struck Off)
James Kevin Ryan
7 Roach Road,
Lilydale Victoria 1/03/1956
Supreme Court
of Victoria 3/02/1986
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Jasdeep Sandhu
911 Highett
Street,
Reservoir Victoria 9/09/2014
Principal with
Trust
The Victorian
Legal Services
Commissioner 26/04/2019
Unsatisfactory
professional conduct
under the Legal
Profession Uniform
Law (Vic)
The practitioner is to complete two further Continuing Professional
Development ("CPD") units, in addition to the practitioner's CPD obligation
under the Legal Profession Uniform Continuing Professional Development
(Solicitors) Rules 2015, in the CPD year ending on 31 March 2020 in the field
of Ethics and Professional Responsibility pursuant to section 299(1)(e) of the
Uniform Law.
Justin Scott-Douglas
27 Station
Street, Malvern Victoria 5/03/1984
Supreme Court
of Victoria 15/12/1987
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Anthony Seale
358 Sydney
Road, Coburg Victoria 3/03/1969
Supreme Court
of Victoria 30/11/1990
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
William Serong
443 King Street,
West
Melbourne Victoria 2/03/1964
Supreme Court
of Victoria 16/09/2002
Misconduct under
the Legal Practice
Act 1996 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Michael
Thomas Seymour
706 Old
Northern Road,
Dural NSW 2/09/1974
Supreme Court
of Victoria 13/07/1988
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Peter Sharp
558 Kiewa
Street, Albury NSW 1/11/1978
Supreme Court
of New South
Wales Court of
Appeal 28/02/2006
Conduct amounting
to professional
misconduct under a
corresponding
interstate law
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off) following the removal of his name from the Roll
of Local Lawyers in New South Wales by the Supreme Court of New South
Wales Court of Appeal.
Marshall Sheehan
14 Birchman
Court,
Wodonga Victoria 6/05/1985 VCAT 19/11/2011
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Marshall Sheehan
14 Birchman
Court,
Wodonga Victoria 6/05/1985
Administrative
Decisions
Tribunal of New
South Wales 24/05/2012 Other
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off) following the removal of his name from the Roll
of Local Lawyers in New South Wales by order of the Administrative
Decisions Tribunal of New South Wales.
Robert Sheen
12-14 Leveson
Street, North
Melbourne Victoria 1/03/1973
Supreme Court
of Victoria 28/10/1994
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Herbert Sheldrick N/A Victoria 2/11/1953
Supreme Court
of Victoria 29/10/1959
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Benzion Sholom N/A Victoria 1/03/1961
Supreme Court
of Victoria 16/06/1970
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Gary Shugg
Blackwell
House,
Guildhall Yard,
London UK 8/11/1989 LIV 22/10/2008
(1) Practitioner entitled to apply for an employee practising certificate after
25 July 1998. (2) Practitioner entitled to apply for a principal practising
certificate only after he has held an employee practising certificate for at
least 2 years.
Alan Simpson N/A Victoria 1/05/1968
Supreme Court
of Victoria 26/05/1992
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Herbert Sirca
1 Rutherglen
Road, Vermont
South Victoria 1/04/1974
Supreme Court
of Victoria 12/05/2003
Misconduct under
the Legal Practice
Act 1996 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Rohan Skea
Level 13 BGC
Centre, 28 The
Esplanade,
Perth WA 2/04/1979
Supreme Court
of Western
Australia 20/07/2005 Other
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off) following the removal of his name from the Roll
of Practitioners in Western Australia by the Supreme Court of Western
Australia.
Nicholas Skrekas N/A Victoria 3/09/2001
Supreme Court
of Victoria 26/05/2004
Misconduct under
the Legal Practice
Act 1996 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Daniel Slattery
Legal &
Mediation
Services
31 Stanley
Road, Vermont
South Victoria 1/12/1986
Principal
without Trust
Victorian Civil
and
Administrative
Tribunal 18/06/2008
Misconduct under
the Legal Practice
Act 1996 (Vic) +
Common Law
Misconduct
(1) Practitioner not entitled to apply for a practising certificate with trust
authorisation until 18 June 2028.
Clarence Smith N/A Victoria 3/04/1967
Supreme Court
of Victoria 3/05/1979
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Karen Smith
7 Eliza Terrace,
Mount Eliza Victoria 19/07/1993
Employee
without Trust
Victorian Civil
and
Administrative
Tribunal 17/02/2017
Unsatisfactory
Professional Conduct
under the Legal
Profession Act 2004
(Vic)
The Tribunal, having found Ms Low guilty of one charge of unsatisfactory
professional conduct within the meaning of section 4.4.2 of the Legal
Profession Act 2004, relating to her conduct of writing a letter to an
unrepresented party, which contained allegations which the Tribunal was
comfortably satisfied were made without foundation or basis, ordered as
follows: 1. Ms Low is reprimanded 2. Ms Low is to pay the
Commissioner's costs on County Court scale on a standard basis to be
assessed by the Costs Court in default of agreement.
Lewis Spaulding
403 Bay Street,
Brighton Victoria 4/09/1989 VCAT 24/12/2015 Other
1. The Victorian Legal Services Commissioners is substituted as the applicant
in this matter. 2. Mr Spaulding is not to be granted any category of practising
certificate before 1 January 2021. 3. Prior to obtaining any principal
practising certificate in the future, Mr Spaulding must complete a period of
periods amounting in aggregate to 18 months as an employee, before being
eligible to apply for a principal practising certificate. This is in addition to the
period of 18 months referred to in order 4(b) of the Tribunal of 17 December
2013. 4. The Tribunal recommends to the Supreme Court that Mr
Spaulding's name be removed from the Local Roll of Practitioners. 5. Mr
Spaulding is to pay the applicant's costs of this proceeding, on a standard
basis, on the County Court scale, to be determined by the Costs Court if not
agreed.
Lewis Spaulding
403 Bay Street,
Brighton Victoria 4/09/1989
The Supreme
Court of
Victoria 28/08/2017
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
John Stephenson
49 Playne
Street,
Frankston Victoria 2/03/1970
Supreme Court
of Victoria 9/02/1996
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
John Oakley Stewart N/A Victoria 1/04/1952
Supreme Court
of Victoria 26/07/1967
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Matthew Stirling
Clerk B, Owen
Dixon
Chambers, 205
William Street
Melbourne Victoria 3/06/1991
The Victorian
Civil and
Administrative
Tribunal 7/03/2018
Professional
misconduct under
the Legal Profession
Uniform Law (Vic)
1, The Tribunal finds the practitioner guilty of professional misconduct in
respect of the conduct the subject of charge 1. 2. The Tribunal finds the
practitioner guilty of professional misconduct in respect of the conduct the
subject of charge 2. 3. The Tribunal finds that: (a) the practitioner has
materially breached order 2(c) of the Orders of the Court of Appeal in
Matthew James Stirling v Legal Services Commissioner (S APCI 2012 0076)
(the Court Orders) because during the suspended order period he has
engaged in or committed acts of professional misconduct namely: (i)
professional misconduct in respect of the conduct the subject of charge 1;
and (ii) professional misconduct in respect of the conduct the subject of
charge 2; (b) therefore the suspended order period as defined in order 2(a)
of the Court Orders is revoked. 4. The Tribunal orders that: (a) the
practitioner's practising certificate is cancelled on 1 June 2018; (b) in respect
of finding 3 and in accordance with order 2(f) of the Court Orders, the
practitioner not be granted a practising certificate for 2 years from the date
it was cancelled; (c) in respect of the matters in findings 1 and 2, the
practitioner not be granted a practising certificate for a further 4 months
after the conclusion of the period referred to in sub-paragraph (b) of this
order. 5. The practitioner is to pay the Victorian Legal Services
Commissioner's costs of this proceeding, as agreed in the amount of
$13,927.06.
Alan Storer
34 Clive Street,
Brighton East Victoria 1/04/1965
Supreme Court
of Victoria 20/07/1998
Misconduct under
the Legal Practice
Act 1996 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
John Streeter N/A Victoria 1/04/1958
Supreme Court
of Victoria 12/10/1983
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Albert Super N/A Victoria 2/12/1963
Supreme Court
of Victoria 16/02/1977
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck-off).
Walter Sykes N/A Victoria 2/03/1931
Supreme Court
of Victoria 16/06/1970
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Ke Yuan Tan
17 Venezia
Promenade,
Greenvale Victoria 13/08/2014 VCAT 11/10/2018
Professional
misconduct under
the Legal Profession
Uniform Law (Vic)
By way of a global disposition: (a) The practitioner is reprimanded. (b) The
practitioner is ineligible to apply for or be granted a new practising certificate
before 11 October 2023. (c) Any practising certificate granted thereafter be
limited to an employee practising certificate with the supervised legal
practice condition for a period of at least 2 years. (d) The practitioner may
not carry out the functions of a lay associate (within the meaning of the
Uniform Law) without the approval of the Victorian Legal Services
Commissioner. (e) The practitioner is referred to the Supreme Court of
Victoria with a recommendation that his name be struck off the Roll of
Practitioners. (f) The practitioner is to pay the Victorian Legal Services
Commissioner's costs of this proceeding fixed at $13,635.78 as follows:
$3,635.78 payment to the Victorian Legal Services Commissioner on or
before 10 November 2018 the balance payable by way of five consecutive
monthly instalments of $2,000.00 with the first instalment to be paid on or
before 10 December 2018 and thereafter by the 10th day of the following
months. In the event that the practitioner fails to pay any of the instalments
by their due date, the full amount less any amounts paid will become due
and payable immediately.
David Tansey
Suite 6, 412
Toorak Road,
Toorak Victoria 1/03/1978
Supreme Court
of Victoria 26/03/2012
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Stephen Tantala N/A Victoria 1/12/1976
Supreme Court
of Victoria 26/05/1992
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Cameron Telfer
177 Main Road,
Hepburn
Springs Victoria 1/04/1976
The Supreme
Court of
Victoria 26/05/2017 Other
1. The practitioner is sentenced to nine month's imprisonment, of which
eight months is suspended for a period of two years. 2. The effective period
of imprisonment of the practitioner ends on 26 June 2017. 3. The
practitioner is to pay the Victorian Legal Services Board's costs on a standard
basis. 4. There be a stay of payment of costs for a period of six months to 26
November 2017. 5. There be liberty to parties to apply.
John Towers
8 McBride
Place, Echuca Victoria 29/10/1990 Unknown 22/05/2006 Other
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off) following the removal of his name from the Roll
of Local Lawyers by the Legal Practice Tribunal of Queensland.
Madeleine Tran
Madeleine Tran
Lawyers
1405/401
Docklands
Drive,
Docklands Victoria 29/01/2003
Principal with
Trust
Victorian Civil
and
Adminstrative
Tribunal 9/10/2018
Unsatisfactory
Professional Conduct
under the Legal
Profession Act 2004
(Vic)
Having found Ms Tran guilty of one charge of unsatisfactory professional
conduct within the meaning of section 4.4.2 of the Legal Profession Act 2004
('the Act'), for withdrawing as a lawyer in a family law proceeding
not in compliance with Rule 9.03 of the Federal Circuit Court Rules, the
Tribunal ordered that Ms Tran be reprimanded. Having found Ms Tran guilty
of one charge of professional misconduct within the meaning of section
4.4.4(a) of the Act, for contravening the Act by failing to respond to a request
made by the Victorian Legal Services Commissioner pursuant to section
4.4.11(1)(a) for a full written explanation of her conduct in respect of the
complaint, the Tribunal ordered as follows: 1. Ms Tran is reprimanded. 2. Ms
Tran is fined $1,000.00. Ms Tran was also ordered to pay the Commissioners
costs of proceeding in the agreed sum of $8,000.00 by way of 8 equal
monthly instalments.
Todd Trevacks N/A Victoria 3/08/1953
Supreme Court
of Victoria 18/01/1961
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Nigel Turner
Clerk R, Owen
Dixon
Chambers, 205
William Street,
Melbourne Victoria 3/04/1978 Barrister
Victorian and
Administrative
Tribunal 3/04/2013
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
1. While the practitioner continues to hold a practising certificate, the
practitioner's legal practice is to be subject to the following condition: the
practitioner is to inform the Legal Services Commissioner in writing of any
failure after 3 April 2013 to comply with his taxation obligations, within
seven days of any such failure.
Stephen Van Nooten
52 Bellbird
Road, Mount
Eliza Victoria 1/03/1977
Supreme Court
of Victoria 5/06/1998
Misconduct under
the Legal Practice
Act 1996 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Euan Vance
Legal Help
Lawyers
331 Eaglehawk
Road, California
Gully Victoria 17/09/2003
The Supreme
Court of
Vcitoria 5/09/2014
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck-off).
Zoltan Varszeghy
6 High Street,
Cranbourne Victoria 1/09/1976
Supreme Court
of Victoria 8/05/2000
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Basil Vassis
232 King Street,
Melbourne Victoria 1/12/1970
Supreme Court
of Victoria 2/04/1985
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Nouri Veron N/A Victoria 3/05/1965
Supreme Court
of Victoria 30/09/1966
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
John Voitin
Stanton Grant
Legal
142-144 Albert
Road, South
Melbourne Victoria 1/04/1980 VCAT 22/10/2015
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
The Tribunal having found Mr Voitin guilty of 57 charges of professional
misconduct for intermixing trust monies and non-trust monies, contrary to
section 3.3.19 of the Legal Profession Act 2004, it orders as follows: 1. Mr
Voitin is reprimanded. 2. For a period of six months commencing on 9
November 2015 the practitioner's practising certificate is to be subject to a
condition that he is not authorised to receive trust monies. 3. The
practitioner must obtain three continuing professional development points in
the area of trust accounting within the period of 12 months commencing on
22 October 2015 and provide proof of having done this to the Victorian Legal
Services Commissioner (VLSC). 4. The practitioner must successfully
complete the trust accounting course provided by the Law Institute of
Victoria before being entitled to apply for a condition of his practising
certificate authorising him to receive trust money. 5. The practitioner is to
pay the VLSC's costs, agreed in the sum of $17,000.00.
Henry Walker N/A Victoria 3/06/1946
Supreme Court
of Victoria 8/02/1960
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Samantha Ward
Samantha
Ward Pty
33 Fenwick
Street, Geelong Victoria 2/04/1990
Victorian Legal
Services Board 29/06/2018
Unsatisfactory
professional conduct
under the Legal
Profession Uniform
Law (Vic)
1. Ms Samantha Ward be reprimanded pursuant to section 299(1)(b) of the
Uniform Law. 2. Ms Samantha Ward is to complete the Law Institute of
Victoria' Bookkeepers Trust Recording Workshop or other similar trust
account course approved by the Victorian Legal Services Commissioner
pursuant to section 299(1)(e) of the Uniform Law by 30 September 2018.
These Continuing Professional Development Units will be in addition to the
10 units required to be completed for the 2018/2019 renewal year.
Barry Waters
Waters & Co
734 High
Street, Epping Victoria 30/03/1989
Principal with
Trust VCAT 28/10/2016
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
Having found Mr Waters guilty of the following two charges: Charge 1 -
Professional misconduct within the meaning of section 4.4.4(a) of the Legal
Profession Act 2004 (Vic) in that he failed to communicate or cause to be
communicated the existence and/or effect of a Calderbank Offer to his then
client prior to the Offer's expiry and thereby breached rule 12.2 of the
Professional Conduct and Practice Rules 2005 (Vic); and charge 3 - Common
law misconduct in that during the course of the Commissioners disciplinary
investigation into his conduct, Mr Waters provided the Commissioner with a
letter dated 1 June 2015 which contained statements that were false and
misleading; the Tribunal orders as follows: 1. In relation to charge 1, Mr
Waters is reprimanded and fined $1,500; 2. In relation to charge 3, Mr
Waters is reprimanded and fined $7,500; 3. The fines in orders 1 and 2 are to
be paid by the following instalments: $3,000 by 28 October 2016, $3,000 by
9 January 2017 and $3,000 by 28 April 2017; 4. Mr Waters is to pay the
Commissioner's costs in the agreed sum of $11,000. This is to be paid in
the following instalments: $3,666.66 by 28 October 2016, $3,666.67 by 9
January 2017 and $3,666.67 by 28 April 2017.
Peter Welch
Level 14, 520
Collins Street
Melbourne Victoria 6/04/1961
Supreme Court
of Victoria 29/05/1989
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Gabriel Werden
150 Market
Street,
Melbourne Victoria 5/03/1990
Supreme Court
of Victoria 26/04/2002
Misconduct under
the Legal Practice
Act 1996 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Andrew
Price Williams
198A Klrford
Road, Albert
Park Victoria 1/05/1978
Supreme Court
of Victoria 7/11/1988
Misconduct under
the Legal Practice
Act 1996 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Neil Williams
1274 Rochford
Road, Newham Victoria 1/03/1956
Supreme Court
of Victoria 25/11/2009
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck off).
Desmond Wilson N/A Victoria 1/03/1948
Supreme Court
of Victoria 30/05/1979
Conduct amounting
to Misconduct under
the Legal Profession
Practice Act 1958
(Vic)
Practitioner's name removed from the Roll of Practitioners of the Supreme
Court of Victoria (struck-off).
Christopher
J Wilson
Mayfield
Lawyers
Level 12 636 St
Kilda Raod,
Melbourne Victoria 7/04/1993 VCAT 24/11/2015
Unsatisfactory
Professional Conduct
under the Legal
Profession Act 2004
(Vic)
1. The respondent is reprimanded and is ordered to pay a fine of $1,000.00
to the Victorian Legal Services Board in respect of each charge( x 2). 2. The
respondent is to pay to the applicant his costs as agreed and fixed by the
Tribunal in the sum of $10,000.
James Wise
Melborune
Legal Chambers
Level 1, 355
High Street,
Northcote Victoria 19/09/2006
Employee
without Trust
Victorian Civil
and
Administrative
Tribunal 13/12/2016
Professional
misconduct under
the Legal Profession
Uniform Law (Vic)
In respect of the charge in proceeding J29/2016 and charge 1 of
proceedingJ30/2016 1. Mr Wise is found guilty of each charge. 2. Mr Wise is
reprimanded. 3. Mr Wise is not to be granted before 1 July 2021 a practising
certificate entitling him to act as a principal of a law practice or authorising
the receipt of trust moneys. 4. Mr Wise is fined $9,000.00. In respect of
charge 2 of proceeding J30/2016 5. Mr Wise is found guilty of the charge. 6.
Mr Wise is reprimanded. 7. Mr Wise is fined $1,000.00.
Michael Witt
Findlay Arthur
Philips
Suite 27, Level
3 Claremont
Street South
Yarra Victoria 4/03/1996
Principal with
Trust
Victorian Civil
and
Administrative
Tribunal 21/11/2017
Professional
misconduct under
the Legal Profession
Uniform Law (Vic)
1. Charges 1 to 5 fall away and are dismissed. 2. The practitioner is
reprimanded. 3. The practitioner is to pay to the Victorian Legal Services
Commissioner its costs agreed between the parties and fixed by the Tribunal
in the sum of $10,000.00 on or before 21 December 2017.
Yvonne Young
42 Tarneit
road, Werribee Victoria 1/09/1976
Victorian Legal
Profession
Tribunal 7/12/1999
Misconduct under
the Legal Practice
Act 1996 (Vic) +
Unsatisfactory
Conduct under the
Legal Practice Act
1996 (Vic)
(1) Practitioner entitled to apply for an employee practising certificate at any
time after 1 March 2000 upon her undertaking that she shall not during its
currency involve herself in any probate work.
Aaron Zaitman
Zaitman
Lawyers
Suite 108, 181
St Kilda Road,
St Kilda Victoria 2/03/1970
Principal with
Trust
Victorian Civil
and
Administrative
Tribunal 23/07/2019
Professional
misconduct under
the Legal Profession
Uniform Law (Vic) +
Unsatisfactory
conduct under the
Legal Profession Act
2004 (Vic)
1. The practitioner, having pleaded guilty as charged, is found guilty of
Charges 3,7,9,11,14,15,18 and 19. 2. The practitioner is reprimanded in
relation to each finding of guilt. 3. The practitioner is to pay: a. the
Victorian Legal Services Board a global fine of $30,000 in respect of the
findings of guilt for all charges; and b. the Victorian Legal Services
Commissioner's costs of this application fixed by the Tribunal (and with
consent) in the sum of $15,000 by nine monthly instalments of $5,000
commencing on 30 July 2019. 4. By no later than 31 March 2020, the
practitioner is to complete three hours of professional development in
relation to the Legal Profession Uniform Law Australian Solicitors'
Conduct Rules 2015, over and above the practitioner's normal
obligations in relation to continuing professional development. The
practitioner has undertaken to the Tribunal and to the Victorian Legal
Services Commissioner: i. not to accept instructions in relation to: a.
drawing a will; b. acting as solicitor for any executor or solicitor of a
deceased estate other than in relation to immediate family members; and ii.
to forthwith renounce any appointment as an executor of a deceased estate
(other than a deceased estate of an immediate family member).
Theodore Zervas
Stonnington &
Zervas
1935-1937
Malvern Road,
Malvern East Victoria 7/04/1993
Victorian Civil
and
Administrative
Tribunal 29/03/2018
Professional
Misconduct under
the Legal Profession
Act 2004 (Vic) +
Common Law
Misconduct
The Tribunal finds that the practitioner pleads guilty to four counts of
misconduct at common law and six counts of professional misconduct and
accordingly makes the following orders: 1. The practitioner's practising
certificate is cancelled from 30/06/2018. 2. The practitioner may not apply
for practising certificate before 01/07/2020. 3. Any practising certificate
granted to the practitioner in accordance with order 2 above be restricted to
an employee practising certificate with such employment not to be with any
legal practice of which a family member of the practitioner is a principal and
this restriction be in place for one year. 4.The practitioner to pay a fine of
$20,000 to the Victorian Legal Services Board. 5.The practitioner to pay the
Victorian Legal Services Commissioner's costs of the application to be
fixed at $15,000.00 6.The fine and costs are to be paid in five monthly
instalments of $5,000.00 with the first instalment to be paid on or before 1
May 2018 and a final instalment of $10,000 to be paid one month after the
fifth payment of $5,000.00.
Betty Zervas
SZ Lawyers Pty
Ltd
Level 2, 1911
Malvern Road,
Malvern East Victoria 23/02/2004
Principal with
Trust
Victorian Civil
and
Administrative
Tribunal 29/03/2018
Professional
misconduct under
the Legal Profession
Uniform Law (Vic) +
Unsatisfactory
professional conduct
under the Legal
Profession Uniform
Law (Vic)
Ordered that: 1. The application by the practitioner for a pseudonym is
refused. 2. The practitioner having pleaded guilty to one charge of
unsatisfactory professional conduct the charge is found proved. 3. The
practitioner having pleaded guilty to one charge of professional misconduct
the charge is found proved. 4. The practitioner is reprimanded. 5. The
practitioner is to pay a fine of $10,000.00 to the Victorian Legal Services
Board. 6. The practitioner is to pay the Legal Services Commissioner's costs
of the application to be assessed by the Costs Court in default of agreement
but not to exceed $10,000.00. 7. The practitioner's payment of the fine
referred to in paragraph 5 of the order is be paid no later than 6 months
after the making of the order.