Prothonotary of the Supreme Court of New South Wales v Milios [2004] NSWCA 180

New South Wales Court of Appeal

CITATION : Prothonotary of the Supreme Court of New South Wales v Milios [2004] NSWCA 180 revised - 21/07/2004 HEARING DATE(S) : 13 May 2004 JUDGMENT DATE : 13 May 2004

JUDGMENT OF : Santow J at 36; Bryson JA at 37; McClellan AJA at 1 DECISION : 1. A declaration that the opponent has been guilty of professional misconduct.; 2. A declaration that the opponent is not a fit and proper person to remain on the Roll of Legal Practitioners of the Supreme Court of New South Wales.; 3. An order that the name of the opponent be, and hereby is, removed from the Roll of Legal Practitioners for the State of New South Wales.; 4. An order that the opponent pay the costs of and incidental to these proceedings.

CATCHWORDS : LEGAL PRACTITIONERS: - solicitors - what constitutes professional misconduct - good fame and character - fit and proper person - criminal acts - forgery of mortgage documents to fraudulently obtain money - dishonest behaviour LEGISLATION CITED : Crimes Act 1900 (NSW) s 300(1); s 300(2) Allinson v General Council of Medical Education and Examination [1894] 1 QB 750 Ex parte Tziniolis, Re The Medical Practitioners Act [1967] 1 NSWLR 357 Incorporated Law Institute of New South Wales v Meagher (1909) 9 CLR 655 CASES CITED : In re A Solicitor; Ex parte Law Society [1912] 1 KB 302 In Re: Davis (1947) 75 CLR 414 New South Wales Bar Association v Smith (NSWCA, unreported, 9 May 1991) Prothonotary of the Supreme Court of New South Wales v Costello [1984] 3 NSWLR 201 PARTIES : Prothonotary of the Supreme Court of NSW (Claimant) Nicolas Milios (Opponent) FILE NUMBER(S) : CA CA41189/03 COUNSEL : L K Crowley (Claimant) No appearance for Opponent SOLICITORS : I V Knight (Claimant) No appearance for Opponent