Salvatore Francipane [1994] NSWLST 5

The Legal Services Tribunal of New South Wales

CITATION : Salvatore Francipane [1994] NSWLST 5 PARTIES : Salvatore Francipane FILE NUMBER(S) : of 1993 CORAM: Mr A. Martin (Presiding Member) - Mr A. Edgar - Mr I. Ferguson CATCHWORDS: Professional Misconduct - breach of s. 61 of the Legal Profession Act - Professional Misconduct - fail to act honestly - Professional Misconduct - fail to keep accounts - Professional Misconduct - misappropriate trust moneys/moneys - Professional Misconduct - prepare false documents :- Fraud misappropriation of monies LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: DATES OF HEARING: 6 April 1994 DATE OF JUDGMENT: 05/17/1994 LEGAL REPRESENTATIVES: Mr I. Wales (instructed by Mr F.J. Smith) appeared for the Law Society of New South Wales Mr M. Lynch instructed by Greg Murray, Craddock, Murray & Newman for the Solicitor.

JUDGMENT:

This matter was referred to the Legal Profession Disciplinary Tribunal ("the Tribunal") pursuant to a resolution of the Council of the Law Society of New South Wales ("the Law Society") dated 25 March 1993 that a complaint be made to the Tribunal pursuant to s.135 of the Legal Profession Act 1987 the Act").

The complaint alleged that:

1. The Solicitor wilfully breached s.61 of the Act.

2. The Solicitor committed a fraud on the Office of State Revenue.

3. The Solicitor defrauded and misappropriated monies from Mr Andrew Budiman.

4. The Solicitor defrauded and misappropriated monies from Dr Lo Mascolo.

5. The Solicitor defrauded and misappropriated monies from Mr & Mrs S. Johnson.

The Law Society sought the following orders:

1. That the name of the Solicitor be removed from the Roll of Solicitors.