Stephen Martin Freeman [1993] NSWLST 4

The Legal Services Tribunal of New South Wales

CITATION : Stephen Martin Freeman [1993] NSWLST 4 PARTIES : Stephen Martin Freeman FILE NUMBER(S) : of CORAM: Mr G B Molloy (Presiding Member) - Mr J.W. Brennan - Rear Admiral G. Griffiths CATCHWORDS: Professional Misconduct - conviction for offences of dishonesty - Professional Misconduct - fail to act honestly - Professional Misconduct - prepare false documents :- LEGISLATION CITED: CASES CITED: Fraser v The Law Society (1992) 5LPDR 12 per Kirby P at 16 DATES OF HEARING: 06/11/92 - 05/02/93 DATE OF JUDGMENT: 02/05/1993 Mr L. Pierotti LEGAL REPRESENTATIVES: Mr G.C. Lindsay Messrs Lloyd and Lloyd

JUDGMENT:

The Legal Profession Disciplinary Tribunal In the matter of Stephen Martin Freeman

Determination and Orders Before: Mr G.B. Molloy (Presiding Member), Mr J. Brennan and Rear Admiral G. Griffiths.

Solicitor altering contract for sale of land so as to avoid payment of penalty stamp duty

Tribunal considers role of solicitors in conveyancing transactions Finding of professional misconduct Solicitor fined $8,000.

Appearances: Mr L. Pierotti, solicitor, for the Law Society of NSW and Mr G.C. Lindsay, instructed by Messrs Lloyd and Lloyd, for the Solicitor.

Hearing date: 6 November 1992.

With the intent of avoiding a stamp duty fine on an exchanged contract for the sale of land, the solicitor substituted a fresh page on the front of the contract, the effect of which was to indicate that the contract was exchanged on 22 November 1990 rather than the actual date of exchange, 22 October 1990, and presented that altered contract to the Stamp Duties Office and paid the duty as assessed as if the exchange of contracts had taken place on 22 November 1990.