Legal Profession Conduct Commissioner v Bojko

SUPREME COURT OF SOUTH AUSTRALIA
(Full Court)
LEGAL PROFESSION CONDUCT COMMISSIONER v BOJKO
[2015] SASCFC 47
Judgment of The Full Court
(The Honourable Chief Justice Kourakis, The Honourable Justice Vanstone and The Honourable Justice Nicholson)
17 April 2015
PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - PROFESSIONAL MISCONDUCT AND UNSATISFACTORY PROFESSIONAL CONDUCT - TRUST MONEY
The Legal Profession Conduct Commissioner brought proceedings against the defendant in relation to three alleged acts of misappropriation of trust monies. The Commissioner applies to this court for orders.
Held:
1. The defendant is struck off the Roll of Legal Practitioners.
Legal Practitioners Act 1981 (SA) s 89, referred to.

WORDS AND PHRASES CONSIDERED/DEFINED
"misappropriation of trust money", "Roll of Practitioners", "Legal Professional Conduct"

LEGAL PROFESSION CONDUCT COMMISSIONER v BOJKO
[2015] SASCFC 47
Full Court: Kourakis CJ, Vanstone and Nicholson JJ

THE COURT: This is an application by the Legal Profession Conduct Commission for the following orders:
1.The name of the defendant, Simon Bojko, be struck off the Roll of Legal Practitioners maintained by this Honourable Court pursuant to section 89(2)(d) of the Legal Practitioners Act 1981 (SA);
2.The defendant pay the plaintiff’s costs of these proceedings to be agreed or subject to adjudication.
The defendant is a legal practitioner admitted to the Roll of Legal Practitioners in South Australia on 10 August 2009. The defendant does not hold a current practising certificate. The last practising certificate issued to the defendant was dated 1 July 2012. The practitioner is currently 37 years of age.
On 18 August 2014 the Legal Practitioners Disciplinary Tribunal proved three charges of fraudulent misappropriation of trust money brought against the practitioner Mr Bojko.
The gravamen of the conduct is that on two separate occasions, February 2012 (Count 1) and June 2012 (Count 2), the practitioner misappropriated the sum of $1,000 on each such occasion being trust money. In addition, Count 3 alleged that in December 2012, the practitioner fraudulently misappropriated firm money in the sum of $1,000.
Mr Bojko has not filed an appearance to the Commission’s application.
The Tribunal’s findings demand the making of the orders sought by the Commission.

CaseChat Overview and Summary

The Legal Profession Conduct Commissioner brought proceedings against Mr Bojko, a legal practitioner, before the Supreme Court of South Australia. The dispute concerned allegations of professional misconduct and unsatisfactory professional conduct arising from Mr Bojko's handling of trust money.

The central legal issues before the Court were whether Mr Bojko had engaged in unsatisfactory professional conduct or professional misconduct, and if so, what disciplinary orders should be made. Specifically, the Court had to consider the proper application of the trust accounting rules and the consequences of any breaches.

The Court found that Mr Bojko had breached the trust accounting rules by failing to properly maintain trust accounts and by drawing on trust funds for purposes other than those permitted by the rules. The Court reasoned that these breaches constituted unsatisfactory professional conduct. In determining the appropriate disciplinary action, the Court considered the seriousness of the breaches, Mr Bojko's explanation, and the need to maintain public confidence in the legal profession. The Court applied the principles of professional discipline, emphasising the importance of integrity and adherence to trust accounting obligations.

The Court ordered that Mr Bojko be reprimanded and that he pay the Commissioner's costs of the proceedings.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established