Unticketed criminal barrister gets low-end fine for breaching undertakings about tax payments … Misleading the Bar Council amounts to professional misdonduct … A steep fine would put family home in jeopardy … Nick Bonyhady reports from NCAT
Peter Kintominas held an unrestricted practicing certificate for over 20 years until 2010. Between 2010 and 2016 he had restrictions placed on his ticket requiring him to pay his taxes in full and on time, to inform the bar about any outstanding fees and to see a psychiatrist.
In several emails in 2015 to the bar’s deputy director of professional conduct, Kintominas insisted that his tax affairs were in order. They weren’t.
He was behind by several months in his payments.
NCAT decided this constituted professional misconduct. Kintominas has not had a current practicing certificate since August 2016.
In its initial determination, the tribunal said:
“The behaviour of the respondent points to a lack of integrity and weaknesses of character of a serious kind.”
In considering the penalty, the tribunal noted that Kintominas had provided letters attesting to his good character and skill as a barrister, including from silk Phillip Strickland.
“The thrust of much of the character evidence was that the respondent was a careful, diligent and highly skilled criminal barrister who was very attentive to the needs of his clients and earned their respect.”
The tribunal also observed that if a penalty at the high end of the range were applied, Kintominas would likely lose the family home as his current earnings were “modest”.
Finally, the tribunal recalled that in Quinlivan, a barrister who had made more egregious offences against the taxman because of his deep addiction to the pokies was not struck off the jam roll.
Consequently, it decided that a fine at the low end of the range was appropriate for Kintominas.