Adrian Frederick Guido [1996] NSWLST 5

The Legal Services Tribunal of New South Wales

CITATION : Adrian Frederick Guido [1996] NSWLST 5 PARTIES : Adrian Frederick Guido FILE NUMBER(S) : of 1995 CORAM: Mr G Molloy (Chairperson) - - Ms E. Dutton CATCHWORDS: Professional Misconduct - forgery :- Solicitor found to have written another person's signature on a Transfer professional misconduct. LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: DATES OF HEARING: EX TEMPORE 07/30/1996 JUDGMENT DATE : LEGAL REPRESENTATIVES:

JUDGMENT:

Chairman: By Amended Information filed in this Tribunal on 26 April 1996, the Law Society has alleged that the solicitor forged the signature of a company director on a form of transfer of land.

The facts are not in dispute. The solicitor, who has been in practice since 14 March 1975, in company with members of the family, acquired a shelf company (Hefore Pty Ltd), in about September 1977. At all relevant times the shareholders were the solicitor (as to two ordinary shares), and his wife, Francesca Guido (as to one ordinary share), and Mrs Guido was the company secretary. Both the solicitor and his wife were the company directors, however as a matter of practice the solicitor administered the affairs of the company on a day-to-day basis.

The company was the trustee of a family trust pursuant to a deed dated 5 February 1979.

At about May 1979 the company, as trustee, purchased certain property at Meadowbank. In 1985 the company sold that property. The solicitor acted for the company as vendor on the sale. As part of a conveyancing transaction, the company executed, under seal, a Memorandum of Transfer, subsequently dated 12 April 1985 and subsequently registered. The signatories to the affixation of the company seal were the solicitor, as a director, and Mrs Guido as company secretary. The position is that the signature of Mrs Guido was, in fact, written by the solicitor.