VIJITHA GAMINI DE ALWIS

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

The Legal Practitioners Disciplinary Tribunal found that Vijitha Gamini De Alwis received about $10,900 from/on behalf of his client Mr Taylor for a migration/deportation matter and never paid any of it into a trust account, instead depositing it into his private and office accounts. The Tribunal found the allegations proved and concluded he had fraudulently converted the money to his own use and was not a fit and proper person to remain on the roll. The Full Court refused his applications to disqualify Pullin JA for apprehended bias, refused an extension of time (some 2.5 years late) to appeal the Tribunal's decision (finding the nine grounds had little merit), and the related stay application fell away. Treating the Tribunal's findings as conclusive, the Court held the misappropriation of trust money, aggravated by his lack of understanding of trust obligations and his conduct throughout the proceedings, demonstrated unfitness to practise. The practitioner was struck off the roll and ordered to pay costs to be taxed.

Duties found breached:

• No improper communication with the court
• Fair, reasonable and lawful fees
• No improper use of client money
• Accounting records, reconciliation and reports

Aggravating factors:

• Continued to assert he had done nothing wrong and that the money was owed to him
• Persistent failure to comply with time limits and directions of the Court
• Affidavits replete with unfounded allegations of misconduct against judicial officers, practitioners and court staff
• Repeated unsubstantiated adjournment requests while appearing in other matters