The Victorian Civil and Administrative Tribunal (VCAT) has found Greek Australian solicitor Ellias Rallis guilty of wrongfully obtaining and keeping a settlement amount from a client and practising without a licence, according to a Herald Sun report last week.

The case was brought against Mr Rallis by the Legal Services Commissioner who in a statement to Neos Kosmos English Edition (NKEE) said: “The paramount reason for the regulation of lawyers is protection of the public. The VCAT has made its decision in relation to the series of matters raised in this case. This decision should reassure the public that this type of behaviour is not acceptable.”

The series of matters refer to a case from 2002 when, according to the VCAT judgement, Mr Rallis had asked from a client a check for $6750 which he deposited in his account.

The Herald Sun wrote that “While Mr Rallis admitted misappropriation of part of that money, he claimed he was entitled to $2161.50 for services his firm had performed.”

This claim, however, was not accepted by VCAT which found that at the time Mr Rallis could not receive trust money since he didn’t have the mandatory practicing certificate.

When asked by NKEE to comment on the case, Mr Rallis said: “I’ve been concerned that the matter has taken so long to resolve. We’re talking about matters that arose in 2002. I accept what has happened and it certainly does not reflect what I’m doing today and hope to do in the future.”

Mr Rallis is a solicitor for Consumer Affairs Victoria (CAV), a position from which he was suspended on full pay according to the Herald Sun report, something which he denied when speaking to NKEE.

“I’m not suspended and I’m continuing my role here at the CAV,” Mr Rallis said. It should be noted that solicitors who work in government positions are not required to have a practicing certificate.

As a result of the VCAT decision he will be banned from applying for a licence to practice until the end of 2010 and it won’t be until after July 1 of 2014 when he can apply for authorisation to manage trust money.