The Prothonotary of the Supreme Court of New South Wales v Dimitrious [2015] NSWCA 258

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: The Prothonotary of the Supreme Court of New South Wales v Dimitrious [2015] NSWCA 258 Hearing dates: 10 August 2015 Decision date: 31 August 2015 Before: Beazley P at [1]; Meagher JA at [2]; Leeming JA at [30] Decision: 1. Declare that James Dimitrious: (a) having pleaded guilty to 16 criminal offences comprising one count of making a false document to obtain a financial advantage; five counts of fraudulent misappropriation of amounts exceeding $15,000; six counts of using a false instrument; one count of fraudulent misappropriation of an amount between $500 and $15,000; and three counts of dishonestly obtaining a financial advantage by deception; (b) having engaged in the conduct which was the subject of those offences in the period between 13 March 2008 and 22 February 2011 whilst carrying on a legal practice under the name "James Lawyers Solicitors & Attorneys"; and (c) having been sentenced to an overall term of imprisonment of 2 years and 6 months with a non-parole period of 2 years for those offences, is not a fit and proper person to remain on the roll of lawyers of the Supreme Court of New South Wales. 2. Order that the name of James Dimitrious be removed from the roll of lawyers of the Supreme Court of New South Wales. 3. Order that the respondent pay the applicant Prothonotary's costs of these proceedings. Catchwords: LEGAL PRACTITIONERS – application to remove name of practitioner from roll of persons admitted as lawyers – where practitioner pleaded guilty to 16 criminal charges in relation to dealings with nine clients over a three year period – where practitioner misappropriated clients' funds, including funds in his practice trust account – where practitioner consents to relief sought – declaration that practitioner engaged in professional misconduct and not a fit and proper person to remain on roll Legislation Cited: Crimes Act 1900 (NSW), ss 178A, 300(2), 192E(1)(b), 253(b)(ii) Legal Profession Act 1987 (NSW), s 4 Legal Profession Act 2004 (NSW), ss 32, 254, 255, 274, 497, 548, 625, 630 Legal Profession Uniform Law (NSW), s 22 Legal Profession Regulation 2005 (NSW) Cases Cited: A Solicitor v Council of the Law Society of New South Wales [2004] HCA 1; 216 CLR 253 Barwick v Council of the Law Society of New South Wales [2004] NSWCA 32; Aust Torts Reports 81-730 Council of the New South Wales Bar Association v Franklin (No 2) [2014] NSWCA 428 Ex parte Tziniolis; re The Medical Practitioners Act (1966) 67 SR (NSW) 448 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Johns v Law Society of New South Wales [1982] 2 NSWLR 1 Law Society of New South Wales v Bannister [1993] NSWCA 157; 4 LPDR 24 Prothonotary of the Supreme Court of New South Wales v Da Rocha [2013] NSWCA 151 Prothonotary of the Supreme Court of New South Wales v Livanes [2012] NSWCA 325 Category: Principal judgment Parties: The Prothonotary of the Supreme Court of New South Wales(Applicant) James Dimitrious (Respondent) Representation: Counsel: PJ Griffin (Applicant) N Siafakas (Respondent)