High Court of Australia

A Solicitor v The Council of the Law Society of New South Wales [2004] HCA 1

216 CLR 253; 78 ALJR 310; 204 ALR 8

4 Feb 2004

Case Number: S406/2002

Before

Gleeson CJ, McHugh, Gummow, Kirby, Callinan JJ

Catchwords

Legal practitioners – Solicitors – Jurisdiction of the Supreme Court with respect to the discipline of legal practitioners – Declaration of professional misconduct in circumstances where person convicted of sexual offences – Declaration of professional misconduct in circumstances where person failed to disclose fact of conviction of offence but where conviction ultimately set aside on appeal – Duty of candour to professional association – Distinction between professional misconduct and purely personal misconduct – Removal from Roll of Practitioners on basis that person not a fit and proper person to be a legal practitioner – Relevance of rehabilitation and character – Relevance of findings of professional misconduct to question of whether fit and proper person.

Words and phrases – "inherent power or jurisdiction of the Supreme Court with respect to the discipline of legal practitioners", "professional misconduct", "fit and proper person to be a legal practitioner".

Legal Profession Act 1987 (NSW) – ss 127, 171M.
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