Corrupt Solicitors

Werden v The Queen [2015] VSCA 72

This was the appeal of a convicted mortgage fraudster, former lawyer, Gabriel Werden. It is instructive for those who wish to avoid mortgage fraud. The fraudster created an account online with SAI Global, a licensed Land data broker which allows access to Landstat (Victorian Titles Office) products and information via its website, in a nominated …

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Rubino v ANZ [2014] NSWCA 362

A husband and wife owned three properties, living on one and operating a flower farming business on the other two. They borrowed money from the bank. There was a dispute with the bank which ultimately resolved at farm debt mediation, the bank reducing the debt from $6M to $2M and releasing their home. They allowed …

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Crouch and Lydon v IPG Finance Australia [2013] QCA 220

A solicitor encouraged two investors to go into the mortgage lending business. The solicitor promptly embezzled the principle funds on five fictitious loans and used money he embezzled from the firm’s trust account to pay the investor’s interest. The investors sued the partnership and the question on the appeal in this case was whether the …

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Hunt & Hunt v Mitchell Morgan Nominees [2013] HCA 10

This is the appeal from the NSW Court of Appeal decision Mitchell Morgan Nominees v Vella [2011] NSWCA 390. This is the first High Court case on the proportionate liability legislation. A fraudster forged a loan and mortgage, falsely witnessed by his lawyer cousin. The lender’s solicitors, Hunt & Hunt prepared the advance and negligently drafted …

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CBA v Hamilton [2012] NSWSC 768

Please note we have written another case note on an earlier decision in this matter. Click here to view the earlier decision. The bank successfully sued a solicitor on a forged mortgage and loan for being complicit in the fraud. These proceedings concerned the solicitor’s liability for the bank’s costs in their unsuccessful action against …

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Perpetual Trustee Company Ltd v Milanex (No 2) [2012] NSWCA 93

These proceedings arose out of an earlier case where a broker received an application for finance from a 74 year-old pensioner, which was in fact completed by a friend of the broker and the broker provided it to a lender (through an intermediary). A solicitor provided independent legal advice to the pensioner. The pensioner defaulted …

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Frost v Sheahan [2012] FCAFC 46

A mortgagor, who later became bankrupt, allegedly granted a mortgage over his property to his solicitor, the consideration being the provision of legal work to the bankrupt. The alleged mortgage was rejected by the trial judge on the basis of the evidence before him and the fact that the bankrupt and his solicitor were found …

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CBA v Hamilton [2012] NSWSC 242

This case involved sham contracts for inflated values designed to dupe the Commonwealth Bank. The wife’s signature was forged on the mortgage and loan. The court held that indefeasibility of the registered mortgage did not help the lender because it was an all monies mortgage. As an all monies mortgage it relied on the validity …

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Ginelle Finance v Diakakis [2007] NSWSC 60

Mortgages were fraudulently registered over the land of the defendant in early 2001 and fraudulently refinanced in late 2001. The defendant discovered the existence of the mortgages and went to the police. The lender brought these proceedings and obtained summary judgement for possession on the basis of indefeasibility of title. The defendant brought cross-claims against …

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