Christopher Neil Ingham [1996] NSWLST 18

The Legal Services Tribunal of New South Wales

CITATION : Christopher Neil Ingham [1996] NSWLST 18 PARTIES : Christopher Neil Ingham FILE NUMBER(S) : of 1995 CORAM: Mr W.M.Macquarie (Presiding Member) - Ms C.A. Gailey - Mr N. Reidy CATCHWORDS: Professional Misconduct - make false statement :- fraud on the revenue of New South Wales. LEGISLATION CITED: Legal Profession Act 1987 In the matter of George Peter Duckett White; CASES CITED: In the matter of Mark Christopher Gibbins; Law Society of New South Wales v Foreman 34 NSWLR; In the matter of Stephen Martin Freeman DATES OF HEARING: 12 September 1996 DATE OF JUDGMENT: 12/12/1996 Mr G.J. Still solicitor for the Council of the Law Society of New South Wales. LEGAL REPRESENTATIVES: Mr I. M. Wales of Counsel instructed by Sparke Helmore for the solicitor.

JUDGMENT:

The solicitor admitted professional misconduct in that during 1994 and 1995 on nineteen occasions he either caused the front page of Contracts for Sale to be re-typed, replaced and re-dated or alternatively dated Contracts for Sale after the true date of exchange. The Contracts for Sale were submitted to the Office of State Revenue and penalty duty evaded.

The Tribunal found that the solicitor's actions constituted very serious professional misconduct, a gross lack of regard for a solicitor's duty in respect of payment of stamp duty and a fraud on the revenue of New South Wales.

The Tribunal ordered that the solicitor's practising certificate be cancelled, that a practising certificate not be issued for four years and that during that period the solicitor attend and complete a Practice Management course, attend a Risk Management course and undertake MCLE. The Tribunal further ordered that the solicitor pay a fine of $10,000.00 and the Society's costs of $5,186.00