John Lyons Rigelsford [1994] NSWLST 17

The Legal Services Tribunal of New South Wales

CITATION : John Lyons Rigelsford [1994] NSWLST 17 PARTIES : John Lyons Rigelsford FILE NUMBER(S) : of 1993 CORAM: Ms A Plotke (Presiding Member) - Mr A. Edgar - Ms E. Dutton Professional Misconduct - prepare false documents :- SECTION 135 OF THE Legal Profession Act 1987 CATCHWORDS: Giving false certificates fraudulent and professional misconduct. LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: Law Society of New South Wales LPDR 5/1992 12, the matter of Picone (LPD T 10/92) ; Konstantinidis (LPD R 1/92) DATES OF HEARING: 18 March 1994 DATE OF JUDGMENT: 06/01/1994 Mr K. Connor (instructed by Mr F. Smith) appeared on behalf of the Law Society of New South Wales. LEGAL REPRESENTATIVES: Mr C.C. Lindsay (instructed by Messrs Lloyd & Lloyd) appeared on behalf of the Solicitor.

JUDGMENT:

THIS COMPLAINT WAS MADE UNDER SECTION 135 OF THE Legal Profession Act 1987 ("the Act") by the Council of the Law Society of New South Wales ("the Law Society") against John Lyons Rigelsford ("the Solicitor"). The Law Society alleged that the Solicitor falsely certified to a lender that he had explained certain security documents to certain persons when he knew that he had not.

In its amended complaint dated 24 September 1993 the Law Society requested the making of the following orders:

(a) Such orders as to the Tribunal seem fit.

(b) That John Lyons Rigelsford pay the costs of the complainant of these proceedings.

The undermentioned further particulars of the complaint were attached to the amended complaint: