Peter Gerald Fitz-Gibbon [1996] NSWLST 14

The Legal Services Tribunal of New South Wales

CITATION : Peter Gerald Fitz-Gibbon [1996] NSWLST 14 PARTIES : Peter Gerald Fitz-Gibbon FILE NUMBER(S) : of 1995 CORAM: Mr A. Martin (Presiding Member) - Ms S. Hale - Ms L. Gain CATCHWORDS: Professional Misconduct - breach of s. 61 of the Legal Profession Act - Professional Misconduct - make false statement - Professional Misconduct - misappropriate trust moneys/moneys :- falsifying dates in mortgage documents to avoid the imposition of a stamp duty fine LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: DATES OF HEARING: 7th August, 1996 EX TEMPORE 08/07/1996 JUDGMENT DATE : Mr Murdoch appeared for the Law Society of New South Wales LEGAL REPRESENTATIVES: Mr Fitz-Gibbon appeared in person

JUDGMENT:

Grounds for complaint alleged 21 wilful breaches of S.61 and 3 breaches of S.62 of the Legal Profession Act 1987, 21 counts of misappropriation, 16 counts of false statements in accounting documents and 2 counts of falsifying dates in documents to avoid imposition of stamp duty fines. Further allegation that solicitor contravened S.48B of the Legal Profession Act on three occasions and contravened Supreme Court Order restraining him from acting as a Solicitor or holding himself out as a person qualified to act as a solicitor – Solicitor informed Tribunal that he did not propose to offer any evidence, Tribunal nevertheless required to consider evidence – Amount requested from client in excess of duty payable – Excess concealed in statements showing an incorrect amount paid for duty – Solicitor customarily charged client inflated amount for enquiries – Accounting statements in files differed from those forwarded to client. Copies of statements sent to clients removed from files. Disbursements transferred from trust account usually exceeded disbursements finally billed – substitution of contract page showing false lower consideration to avoid payment of correct duty. Failure to deliver files to Receiver in accordance with Court Order. Letterhead implying that Solicitor held a practising certificate forwarded despite Supreme Court Order. Tribunal found grounds for complaint proved and Solicitor guilty of professional misconduct.