Prothonotary of the Supreme Court of New South Wales v Livanes [2012] NSWCA 325

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Prothonotary of the Supreme Court of New South Wales v Livanes [2012] NSWCA 325 Hearing dates: 13 July 2012; (last material received 22 August 2012) Decision date: 09 October 2012 Before: McColl JA [1], Campbell JA [52], Meagher JA [53] Decision: (1) Declare that the opponent is guilty of professional misconduct. (2) Declare that the opponent is not a person of good fame and character. (3) Declare that the opponent is not a fit and proper person to remain on the Roll of local lawyers of the Supreme Court of New South Wales. (4) Order that the name of the opponent be removed from the Roll of local lawyers of the Supreme Court of New South Wales. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: LEGAL PRACTITIONERS - removal from the Roll of local lawyers - application to have legal practitioner struck off the Roll - legal practitioner convicted of defrauding the Commonwealth and obtaining financial advantage by deception - whether guilty of professional misconduct - whether fit and proper person - whether of good fame and character - Legal Profession Act 2004 Legislation Cited: Crimes Act 1900 Crimes Act 1914 (Cth) Criminal Code Act 1995 (Cth) Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 (Cth) Evidence Act 1995 Legal Profession Act 2004 Uniform Civil Procedure Rules Cases Cited: A Solicitor v Council of the Law Society of New South Wales [2004] HCA 1; (2004) 216 CLR 253 Council of the New South Wales Bar Association v Einfeld [2009] NSWCA 255 Council of the New South Wales Bar Association v Hart [2011] NSWCA 64 Council of the New South Wales Bar Association v Power [2008] NSWCA 135; (2008) 71 NSWLR 451 Davison v Council of the New South Wales Bar Association [2007] NSWCA 227; (2007) 69 ATR 402 Dawson v Law Society of New South Wales (New South Wales Court of Appeal, unreported, 21 December 1989) Director of Public Prosecutions v Hamman (New South Wales Court of Criminal Appeal, unreported, 1 December 1998) Ex parte Tziniolis; Re The Medical Practitioners Act (1966) 67 SR (NSW) 448 Gonzales v Claridades [2003] NSWCA 227; (2003) 58 NSWLR 211 Gonzales v Claridades [2003] NSWSC 508; (2003) 58 NSWLR 188 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 New South Wales Bar Association v Cummins [2001] NSWCA 284; (2001) 52 NSWLR 279 New South Wales Bar Association v Hamman [1999] NSWCA 404; (1999) 217 ALR 553 New South Wales Bar Association v Somosi [2001] NSWCA 285; (2001) 48 ATR 562 New South Wales Bar Association v Stevens [2003] NSWCA 261; (2003) 54 ATR 25 Prothonotary of the Supreme Court of NSW v P [2003] NSWCA 320 Prothonotary of the Supreme Court of New South Wales v McCaffery [2004] NSWCA 470 Prothonotary of the Supreme Court of New South Wales v Nikolaidis [2010] NSWCA 73 Prothonotary of the Supreme Court of NSW v Alcorn [2007] NSWCA 288 The Prothonotary of the Supreme Court of New South Wales v Kearns [2011] NSWCA 394 The Prothonotary of the Supreme Court of New South Wales v Sukkar [2007] NSWCA 341 Category: Principal judgment Parties: Prothonotary of the Supreme Court of New South Wales - Claimant George Livanes - Opponent Representation: P Griffin - Claimant No appearance - Opponent NSW Crown Solicitor's Office - Claimant No appearance - Opponent File Number(s): 2011/000412065