Gerard John Robert McMahon

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

A solicitor who had not held a practising certificate since 1998 but remained on the Roll acted in a debt-recovery/liquidation matter, holding himself out as a solicitor and notary public to a company and the court. He signed and served a statutory demand, lodged a winding-up petition designed as a solicitor, obtained court warrant via misleading documents, and sought appointment of an interim liquidator. He pleaded guilty to professional misconduct (cumulo). The Tribunal expressly found his conduct dishonest. Given a prior finding of misconduct (five-year suspension), lack of insight, and the danger to the public, the Tribunal struck him off the Roll, ordered publicity including his name, and found him liable for the Complainers' and Tribunal's expenses.

Duties found breached:

• Hold a current practising certificate
• Honesty
• No conflict between current clients
• Not mislead the court

Aggravating factors:

• Previous finding of professional misconduct resulting in a five-year suspension
• No insight demonstrated into his behaviour
• Conduct could have been dangerous to the public and harmful to the reputation of the profession
• Seeking interim appointment of a liquidator could have had serious consequences for the defender company