The Legal Services Tribunal of New South Wales CITATION : Joseph Aliperti [1996] NSWLST 1 PARTIES : Joseph Aliperti FILE NUMBER(S) : of 1995 CORAM: Mr G Molloy (Chairperson) - Mr C. Staff - Mr J. O'Neill CATCHWORDS: Professional Misconduct - breach of s. 61 of the Legal Profession Act - Professional Misconduct - make false statement - Professional Misconduct - fail to act honestly :- Preparation of false mortgages falsely witness a document LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: DATES OF HEARING: EX TEMPORE 08/19/1996 JUDGMENT DATE : LEGAL REPRESENTATIVES: Mr D. Hipsley (instructed by Mr G.J. Still) for the Law Society of New South Wales. No appearance for the Solicitor. JUDGMENT: Ex tempore Solicitor found guilty of failure to account, misappropriation of funds, wilful breaches of S.61 and 62 of the Legal Profession Act, preparation of false mortgages, purported witnessing of documents where the signatures of the parties were not those of the parties named, delay etc. The Solicitor not present at hearing. Determination and Orders delivered ex tempore. Order that the Solicitor's name be removed from the Roll. Chairman: This Tribunal has before it an information filed by the Law Society against the solicitor, Joseph Aliperti, in which the Society alleges a number of failures to account, misappropriation of funds, breaches of Sections 61 and 62 of the Legal Profession Act, forgeries, preparation of false mortgages, inducements offered to clients to part with moneys on the basis of false promises, the purported witnessing of documents wherein the signatures of the parties were not those of the parties named and one occasion of delay in the solicitor's carriage of the client's matter in circumstances arising out of misappropriation of funds and which resulted in the client incurring expense of a not inconsiderable amount. Sterling efforts have been made by the Society in attempting to effect service of the information and the sworn documentation in support. Sterling efforts have also been made by the Society in attempting to give notice to the solicitor of the matters before the Tribunal today. We are satisfied that the Society has done all it can reasonably do to bring to the attention of the solicitor the fact of these proceedings and the fact that these proceedings are before the Tribunal today. We are informed that the solicitor has not held a current practising certificate since July 1992. We are, therefore, satisfied that the matter can properly be dealt with by the Tribunal today and this we have done. The Tribunal is satisfied on the evidence submitted and to the requisite standard of proof that the solicitor is guilty of professional misconduct in relation to each of the complaints and in relation to the totality of the complaints. The Tribunal is satisfied that this solicitor is not a fit and proper person to remain on the roll of legal practitioners in this State. Consequently, the Tribunal makes the following orders: (1) the name of Joseph Aliperti be, and the same is, removed from the roll of legal practitioners in New South Wales. (2) we reserve the question of costs until 9.30 a.m. on Wednesday, 11 September 1996. It will be sufficient service of the orders made today, by the Law Society sending a copy of these orders to the solicitor by prepaid mail addressed to him at 1/337 Darling Street, Balmain. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.