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Twice-convicted lawyer disqualified from practice until 2020
A Victorian-based sole practitioner has been disqualified from practising law in the state until 24 April 2020 after being convicted of “serious” offences, including dishonestly influencing a Commonwealth public official and multiple counts of obtaining financial advantage by deception.
Jerome Doraisamy
The Victorian Legal Services Board made an application to the Victorian Civil and Administrative Tribunal for disqualification of Mr Kugan Kanagaiyan, pursuant to section 119 of the Legal Profession Uniform Law Application Act, asserting that he had – on two separate occasions – been convicted of a serious offence.
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Mr Kanagaiyan, who most recently worked as a sole practitioner, trading under the name S K Lawyers, was convicted in the Magistrate’s Court of Victoria on 24 September 2014 of three counts of dishonestly influencing a Commonwealth public official in the exercise of their duties.
The circumstances, as admitted by Mr Kanagaiyan, were that – while working as a migration agent between 2007 and 2008 on behalf of three applicants – he knowingly forwarded false work references on behalf of those applicants to cover up non-completion of requisite number of hours worked in a relevant industry.
Upon pleading guilty, he was fined $10,000 and ordered to pay over $12,000 as a pecuniary penalty.
Separately, Mr Kanagaiyan was convicted in the County Court of Victoria on 24 April 2015 for three counts of obtaining financial advantage by deception, one count of using a false document to induce another person to accept it as genuine to their prejudice, and one count of making such a false document to induce another person.
These counts pertained to his conduct in obtaining lending facilities, whereby he obtained at least three bank loans on the basis of false information stating that he was single (while in fact he was married), stating he had no dependents (despite having a wife and children), overstating his income and assets and understating his liabilities.
He also falsely created a pay slip in the name of his law practice for use by his wife in obtaining a mortgage, when in fact she had never been paid for work done.
On the same date of his conviction for these loan offences, he surrendered his Victorian principal with trust authorisation practising certificate.
Through a representative to the tribunal proceedings, Mr Kanagaiyan admitted to the allegations contained in the application submitted by VLSB.
In light of the evidence rendered by VLSB and Mr Kanagaiyan’s admission, the tribunal held it was satisfied a ground had been established for the making of an order under section 119 of the Uniform Law, and it disqualified Mr Kanagaiyan until 24 April 2020, marking five years since he had surrendered his practising certificate.
