Vincent Cofini [1994] NSWLST 25

The Legal Services Tribunal of New South Wales

CITATION : Vincent Cofini [1994] NSWLST 25 PARTIES : Vincent Cofini FILE NUMBER(S) : of 1993 CORAM: Mr D E Hunt (Presiding Member) - Mr G B Molloy - Mr D Mahon Professional Misconduct - prefer own interests to those of others :- s.41 of the Legal Practitioners Act 1898 CATCHWORDS: (5) wilful breach of s.42 of the Legal Practitioners Act 1898 (6) wilful breach of Paragraph 27 of the Legal Profession Regulations (7) acting in breach of fiduciary duty Legal Profession Regulations, 1987 LEGISLATION CITED: Legal Practitioners' Act 1898 Legal Profession Act 1987 Fraser v Law Society (1992 5 LPDR 12) ; CASES CITED: Allison v General Council of Medical Education and Registration (1984 1QB ; Ian Gordon Dun (1994 3 LPDR 5 DATES OF HEARING: 14th, 15th, 28th June, 25th July, 16th September, 1994 DATE OF JUDGMENT: 11/18/1994 Mr I. Wales (instructed by Mr L. Pierotti) for the Law Society of New South Wales;

LEGAL REPRESENTATIVES: Mr D. De Carvalho of Messrs Carol & O'Dea, on behalf of Mr & Mrs Sam Panebianco and Mr & Mrs Antonio Panebianco.

Mr D. Davoren (instructed by Mr I. Genge) on behalf of the Solicitor;

JUDGMENT:

Complaint: (1) inducing a lender to make advances through false representations; (2) signing false statements in documents; (3) breaching undertaking; (4) wilful breach of s.41 of the Legal Practitioners Act, 1898; (5) wilful breach of s.42 of the Legal Practitioners Act, 1898; (6) wilful breach of Paragraph 27 of the Legal Profession Regulations; (7) acting in breach of fiduciary duty; (8) preferring own interest to the detriment of those of client.