Court orders strike-off for solicitor who failed to lodge tax returns - Victorian Legal Services Board + Commissioner

Court orders strike-off for solicitor who failed to lodge tax returns

July 6, 2017

A solicitor who had been found guilty of failing to lodge income tax returns for 11 years has been struck off the roll of legal practitioners.

His Honour Justice McDonald of the Supreme Court of Victoria ordered Mr Morris George Henderson’s name be removed from the roll of legal practitioners maintained by the Court.

The order was made based on Mr Henderson’s previous conduct, which included:

  • his conviction for failing to file income tax returns for 11 consecutive years,
  • his failure to comply with two sets of Magistrates’ Court orders in 2012,
  • the 2016 findings of professional misconduct over his tax offences and his failure to provide required information to the Victorian Legal Services Board and Commissioner, and
  • his prior criminal convictions for engaging in legal practise without a practising certificate.

Victorian Legal Services Commissioner, Michael McGarvie, said that although in other jurisdictions lawyers have been struck off for failing to meet their tax obligations, this was the first time a Victorian lawyer had received such a penalty, which set a precedent for conduct of this nature.

Mr Henderson was also ordered to pay the Commissioner’s costs.

For further information, download the Supreme Court decision.