Legal Practitioners Conduct Board v Viscariello

The Legal Practitioners Conduct Board sought the removal of John Viscariello's name from the roll of legal practitioners. The dispute concerned allegations of unprofessional conduct, specifically that Mr Viscariello engaged in conduct to defeat an adverse costs order and gave false and dishonest evidence in the Supreme Court. The Legal Practitioners Disciplinary Tribunal had found Mr Viscariello guilty of unprofessional conduct on both counts. The matter came before the Full Court of the Supreme Court of South Australia on appeal.

The legal issues before the Full Court were whether the Tribunal had erred in its findings that Mr Viscariello had engaged in unprofessional conduct by attempting to defeat an adverse costs order through an amendment to a trust deed, and by giving false and dishonest evidence to the Supreme Court. Crucially, the Court was required to determine whether, based on these findings, Mr Viscariello was a fit and proper person to continue to be admitted as a legal practitioner.

The Court dismissed Mr Viscariello's appeal, upholding the Tribunal's findings. Regarding the first count, the Court found overwhelming evidence that Mr Viscariello amended the Stirling trust deed to defeat adverse costs orders, noting inconsistencies in his evidence and his admissions. On the second count, the Court concluded that Mr Viscariello's evidence that J & L Developments had acted in its own right, rather than as trustee, was knowingly false and dishonest, as his conduct and subsequent actions belied his assertions. The Court found that the Tribunal's findings were open to it on the evidence presented.

The Court ordered that the name of John Viscariello be removed from the roll of legal practitioners. The Court reasoned that Mr Viscariello was not a fit and proper person to be entrusted with the duties and responsibilities of a legal practitioner, and that a period of suspension would not adequately protect the public.