| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
COMMON LAW DIVISION
No. 8035 of 2009
| LEGAL SERVICES BOARD (ABN 82 518 945 610) | Plaintiff |
| v | |
| GEORGE BOUROZIKAS | Defendant |
---
JUDGE: | FORREST J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 3 September 2009 | |
DATE OF JUDGMENT: | 3 September 2009 (Reasons provided 8 September 2009) | |
CASE MAY BE CITED AS: | Legal Services Board v Bourozikas | |
MEDIUM NEUTRAL CITATION: | [2009] VSC 382 | |
---
LEGAL PRACTITIONERS – Removal of lawyers’ name from local Roll of Practitioners – Legal Profession Act s 2.4.42.
---
APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | Mr S. Senathirajah | Legal Services Board |
| For the Defendant | No appearance | - |
HIS HONOUR:
Introduction
Pursuant to s 2.4.42 of the Legal Profession Act (“the Act”), the Legal Services Board seeks to have Mr George Bourozikas removed from the Local Roll of Lawyers kept by this Court.
Mr Bourozikas was, on 19 November 2008 in this Court, convicted by Curtain J on three counts of theft and one count of deficiency in a trust account. He was sentenced to a total effective term of imprisonment of 18 months, with six months to be served immediately and the balance suspended for a period of 18 months.
I am of the opinion that it is appropriate that the Board’s application be granted and that Mr Bourozikas’ name be removed from the Roll. The following are my reasons for reaching this conclusion.
Factual matters
Mr Bourozikas was admitted as a solicitor and barrister of this Court on 1 April 1982. He worked as an employee solicitor from April 1982 to May 1984 and, since then, as a principal authorised to receive trust moneys. He conducted his legal practice from Houghton Road, Clayton, and operated a trust account with the Clayton branch of the ANZ bank.
As a result of a routine audit by Law Institute investigators, his criminal activities came to light. On 4 April 2007, the Law Institute applied for receivership of his practice, which was granted. On 22 February 2008, Mr Bourozikas was interviewed by the police and admitted carrying out the offences with which he was subsequently charged.
On 3 November 2008, Mr Bourozikas was presented before the Supreme Court and pleaded guilty to each of the counts with which he had been charged. It is helpful to recite parts of her Honour’s reasons for sentence (delivered 19 November 2008):[1]
[1][2008] VSC 558.
“4. You had also placed on the estate's file two unsigned letters addressed to each of the beneficiaries purporting to enclose a cheque for $50,000 to each of them as partial distribution of the estate. These matters came to light when, as part of a routine audit, the Law Institute investigators contacted Ms Lau and Mr Brooks seeking confirmation of the receipt of $50,000.
5. On 22 February 2008, you were interviewed by officers of the Fraud Squad. In that interview, you admitted depositing the two $50,000 cheques from the trust account into your personal bank account. You stated…
Keep reading for free
Create a free CaseChat account to read Legal Services Board v Bourozikas and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2009] VSC 382
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the Board's decision to remove Bourozikas' name from the local Roll of Practitioners was lawful under the Legal Profession Act. The court had to consider whether the Board's decision was in accordance with the statutory provisions and whether there were any procedural flaws that could render the decision invalid.
The court found that the Board's decision to remove Bourozikas' name from the local Roll of Practitioners was lawful and in accordance with the provisions of the Legal Profession Act. The court held that the Board had followed the correct procedures in making its decision and that the decision was not flawed. The court also found that the Board's decision was supported by substantial evidence and was not unreasonable.
The court dismissed Bourozikas' appeal and upheld the Board's decision to remove his name from the local Roll of Practitioners. The court held that the Board had the authority to remove a lawyer's name from the local Roll of Practitioners under the Legal Profession Act and that the Board had exercised its powers lawfully and reasonably.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.