Viscariello v Legal Practitioners Conduct Board (No 2)

The Full Court of the Supreme Court of South Australia considered an application to re-open an appeal concerning findings of unprofessional conduct against Mr Viscariello, a legal practitioner. The original appeal had affirmed the Tribunal's conclusions that Mr Viscariello had engaged in unprofessional conduct by amending a trust deed to attempt to defeat adverse costs orders and by giving false and dishonest evidence.

The legal issues before the Court on the application to re-open were whether the Court should permit the re-opening of the appeal and whether Mr Viscariello's partner's affidavits should be given testimonial effect. The Court was asked to consider these points in light of the previous decision which had upheld the Tribunal's findings of unprofessional conduct.

The Court reasoned that the submission regarding the testimonial effect of the partner's affidavits was a new point not raised before the Tribunal or on the original appeal. Consequently, the Court rejected this submission. The Court further held that the application to re-open the appeal was dismissed, indicating that no sufficient grounds had been established to justify revisiting the prior decision.