More murky conduct from Dominique Grubisa and her parents

When it comes to disgraced property maven Dominique Grubisa and her parents, there seems to be no end to the deception. The dirty road also leads to her husband and her lawyer.

In the cases involving Dominique Grubisa and the Australian Competition and Consumer Commission (ACCC), the Australian Securities and Investments Commission (ASIC) and the Law Society of NSW she has been represented by James (Jim) Lyons. This was either via Assure Lawyers, an incorporated legal practice of which Lyons is the sole director and 50 per cent shareholder, or Murphy Lyons Lawyers, the trading name of Lyons’ own legal practice.

Lyons is the sole solicitor at both practices. The other 50 per cent of Assure Lawyers is owned by a company controlled by Grubisa’s husband, Kevin. As you will see, Dominique and Kevin Grubisa have both been deceptive when it comes to Lyons.

Of course, with all things Grubisa, it gets far worse. As we have reported previously, Lyons represented Grubisa’s father, Christopher Ronald Fitzsimons. Fitzsimons was struck off the roll of solicitors in NSW in 2012. He also represented Grubisa’s mother who was also struck off in 2013. For years, Christopher Fitzsimons used a false name, Christopher Charles Jackson/Chris Jackson.

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In 2012, proceedings in the Queensland Supreme Court were filed by Dominique and Kevin Grubisa. The case related to a rent-to-buy deal of a property in Cairns. In their statement of claim, the Grubisas alleged the person who occupied the property and who had been granted an option to buy defaulted on the agreement under which that person was to pay a monthly “licence fee”.

Representing Dominique and Kevin Grubisa was (purportedly) no other than Jim Lyons, then trading as Lyons & Lyons Solicitors. We say purportedly because Grubisa’s parents have form in pretending to be Lyons’ firm.

The affidavit of service in the proceedings was sworn by Grubisa’s father using his real name. Default judgment was entered when the defendant failed to file a defence. When it came to obtaining enforcement of the order (namely to have the other party evicted from the property) a few months later, another affidavit was filed. This time by none other than “Christopher Charles Jackson”.

This affidavit was supposedly witnessed by Jim Lyons. Fitzsimons in his affidavit of service and “Jackson” in his affidavit both claimed their address was the same address noted in the claim as being the address of Dominique and Kevin Grubisa. A property that the Daily Telegraph reported was going to auction in 2014.

It really is a case of “Who can it be now?” with Grubisa, her father and Lyons. Who can be knocking on the door? It seems no one seems to know where they live. In 2013, an application for incorporation of RER Lawyers Pty Ltd had Lyons supposedly living in Grubisa’s house in North Turramurra.

A reported decision from 2010 refers to an affidavit by Grubisa in relation to a case where Lyons was acting. Grubisa’s affidavit noted her address as a unit in Spring Street, Bondi Junction which, as the tribunal member noted, “is the same address given by Mr Lyons”.

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In the Queensland Supreme Court proceedings, one of two things happened. Either Lyons witnessed a false affidavit knowing that Fitzsimons was using a false name, or Fitzsimons (or someone under his instruction) forged Lyons’ signature. Either way, Kevin and Dominique Grubisa would have known the affidavit to be false. Chris Jackson didn’t exist.

We think the evidence points to the fact that Chris Fitzsimons was simply pretending to be Lyons’ law firm. Why? Because the phone number for Lyons’ firm noted on the statement of claim was not his firm’s phone number. You can see the phone numbers for Lyons’ firm at the time at this link.

The number listed for Lyons & Lyons Solicitor on the statement of claim was (02) 9368 7777. A number that is now disconnected.

Whose phone number was that? None other than CR Fitzsimons.

Over numerous years, Grubisa’s parents both used an email account that included the former name of Lyons’ law firm, Lyons and Lyons, giving advice (including legal advice) to Grubis’s clients. Grubisa clearly knew her father was using a false name. When asked about this by journalist Richard Baker in November 2020, she told the Sydney Morning Herald that the use of the pseudonym Chris Jackson by her father was something that she couldn’t respond to and was a matter for her father.

It gets murkier. In 2015, proceedings were filed for a plaintiff, purportedly by Lyons & Lyons. Lyons had ceased practising as Lyons & Lyons in 2013. By July of 2013, Lyons was trading as James Lyons Lawyers. At some point between May 2014 and December 2014, Lyons started trading as Murphy Lyons Lawyers. IA understands Lyons took over the practice of a Mr Murphy who passed away in 2013 and that Mr Lyons had worked for Mr Murphy early in his legal career.

James Lyons' name appeared on the document filed in the court in 2015, but the signature bears little resemblance to other signatures of Lyons that IA has seen. The address for Lyons & Lyons on the document was not that of Lyons’ firm but the then residential address of Grubisa’s parents, an apartment in the Tower Apartments above the Swissotel in Market Street in Sydney.

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ASIC records for British Securities & Investments Corporation Pty Ltd show the registered office of the company being that very apartment. The director of the company at the time was Grace Maria Losurdo — Dominique Grubisa’s aunt; her mother’s sister. The registered office of the company changed over time as Chris and Maria Fitzsimons moved from Potts Point to Market Street to the “Toaster” at 1 Macquarie Street, adjacent to the Sydney Opera House.

The phone number noted for Lyons’ law firm was not his firm’s number but the number for Australian Debt Purchasers Pty Ltd, the former name of Master Wealth Control Pty Ltd, Grubisa’s company. The email account noted was not Lyons’ email address but rather the email address that Grubisa’s parents had both used pretending to be Lyons’ firm. The solicitor’s name on the document filed in the Court was Maria Fitzsimons. She had been struck off a solicitor in 2013.

In subsequent proceedings commenced in 2018 in the NSW Supreme Court and which went to hearing in 2019, issues were raised about falsified documents being filed in the 2015 proceedings. Lyons was acting for the plaintiff in the 2019 case. The defendant was the party for whom Lyons firm purportedly represented in 2015. The lawyers for the defendant suggested to Lyons that he had a conflict of interest because he had previously represented their client in the 2015 proceedings.

However, it seems Lyons actually had nothing to do with that 2015 case and it was Grubisa’s parents again pretending to be his law firm. His client lost in the NSW Supreme Court and on appeal to the NSW Court of Appeal and had costs awarded against her for both cases.

In his judgment on the appeal, then NSW Chief Justice, Tom Bathurst (with whom the other appeal judges agreed), noted [IA emphasis]:

“The appellant also alleged in the pleadings that the respondent perpetrated a ‘fraud’ both on the Family Court and the deceased by filing forged documents in the Family Court which were said to have unduly influenced the deceased to alter the tenancy to a joint tenancy.”

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His Honour noted:

“There was no particularisation of the alleged fraud by the respondent on the deceased or the Family Court, notwithstanding the requirement to properly particularise any allegation of fraud.”

IA has been informed that on 18 October 2019, a subpoena was issued to Grubisa’s mother to give evidence in the Supreme Court case (presumably concerning the falsified documents lodged in 2015) but by the time the matter came to trial, Lyons had instructed his client’s barrister not to call her.

IA does not suggest any misconduct by the barrister. However, Lyons seems to have protected Grubisa’s mother, potentially at the expense of his own client. Lyons’ former client now faces a bankruptcy application related to the legal costs due to the defendant in the Supreme Court and Court of Appeal cases. That matter is listed for a case management hearing on 14 August.

There are other documents that are very questionable. On 10 April 2012, a transfer was signed by Maria Fitzsimons (registered under dealing AG95270B) transferring the infamous storage unit in Kings Cross to British Securities & Investments Pty Ltd. Lyons & Lyons are noted as the lodging party but the phone number is again not Lyons’ number but that of Chris Fitzsimons. The PO box noted is not that of Lyons, but Fitzsimons’ infamous PO box at Potts Point. The same PO box that Fitzsimons used to put on letters on Grubisa’s letterhead when he used the fake name Chris Jackson.

Fitzsimons’ mobile number was also used on a withdrawal of caveat lodged on behalf of Dominique and Kevin Grubisa (registered under dealing AG275968M) again supposedly lodged by Lyons & Lyons. The signatures for Lyons on this variety of documents differ remarkably.

When it comes to Grubisa and her parents, there is just nothing that can surprise us anymore. It’s all very Grubby and a wicked web of deceit.