Mark Christopher Gibbins [1994] NSWLST 12

The Legal Services Tribunal of New South Wales

CITATION : Mark Christopher Gibbins [1994] NSWLST 12 PARTIES : Mark Christopher Gibbins FILE NUMBER(S) : of 1993 CORAM: Mr A. Martin (Presiding Member) - Ms S. Hale - Mr I. Ferguson CATCHWORDS: Cancellation of practising certificate - Professional Misconduct - forgery - Professional Misconduct - mislead Law Society/Bar Association/LSC - Professional Misconduct - make false statement :- LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: DATES OF HEARING: DATE OF JUDGMENT: 12/15/1994 LEGAL REPRESENTATIVES: Mr N. Nicholls instructed by Mr L.W. Pierotti (Mr M. Watts) for the Law Society of NSW. Mr G. Lindsay with Mr M. Herschderfer instructed by Messrs Lloyd & Lloyd, for the Solicitor.

JUDGMENT:

The solicitor submitted to the Office of State Revenue a contract with a substituted first page bearing a false date. When the Society made inquiries about the matter, he deliberately misled the Society with his initial explanation that it had been agreed with the vendor's solicitor that the contract be exchanged again and that by mutual agreement an earlier contract had been terminated.

Solicitor was found guilty of professional misconduct and fined $12,000.

THIS COMPLAINT WAS MADE TO THE LEGAL PROFESSION Disciplinary Tribunal pursuant to a resolution of the Law Society of New South Wales ("the Law Society") on 17 March 1994 that Mark Christopher Gibbins ("the Solicitor") may be guilty of professional misconduct. The Complaint was filed on 25 May 1994 and the Legal Services Tribunal ("the Tribunal") heard and determined the Complaint under the transitional provisions of the Legal Profession Reform Act 1993 and its Regulations.