May 31, 2023

Former Victoria lawyer Aengus Richard Martyn Fogarty has been disbarred for professional misconduct on the basis of ungovernability.

A Law Society Tribunal hearing panel had previously determined that Fogarty committed professional misconduct when he filed a deliberately false and misleading affidavit and failed to appropriately respond to the Law Society’s repeated requests for information. Fogarty did not attend or take part in the citation hearing.

At the sanction phase of the hearing, the panel noted that Fogarty had shown a complete disrespect and contempt for the Law Society, its role as regulator and a consistent unwillingness to comply with his professional obligations. As such, the hearing panel determined that Fogarty was ungovernable and must be disbarred.

The panel noted that a lawyer who behaves in this manner puts the public at risk and in most cases cannot be allowed to practise. The panel determined that even if ungovernability was not a factor, they would still disbar Fogarty for fabricating an affidavit. Fogarty must also pay costs of $6,620 to the Law Society.

The panel's decision on Fogarty's disciplinary action is available on the Law Society Tribunal’s website.