COUNCIL OF THE NEW SOUTH WALES BAR ASSOCIATION v PERRY [2007] NSWCA 111

COUNCIL OF THE NEW SOUTH WALES BAR ASSOCIATION v PERRY [2007] NSWCA 111

The opponent engaged in legal practice and held himself out as a barrister without a current practising certificate, in breach of the Legal Profession Act 1987 and the Legal Profession Act 2004; this conduct constituted professional misconduct and warranted removal from the Roll.

Jurisdiction
Australia
Judgment Date
30 April 2007
Procedural Posture
Application for Removal From the Roll / Final Judgment
Outcome
Opponent's name removed from the Roll and related orders.
Legal Topics
['practising Without a Certificate' 'removal From Roll' 'professional Discipline']
['legal Profession Law' 'professional Misconduct'] ['practising Without a Certificate' 'removal From Roll' 'professional Discipline']

Case Brief

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Procedural Posture

Application for Removal From the Roll / Final Judgment

Legal Issues

  1. 1 ['Whether the opponent engaged in legal practice as a barrister without holding a current practising certificate' 'Whether the conduct constituted professional misconduct' 'Whether the opponent is a fit and proper person to remain on the Roll']

Ratio Decidendi

The opponent engaged in legal practice and held himself out as a barrister without a current practising certificate, in breach of the Legal Profession Act 1987 and the Legal Profession Act 2004; this conduct constituted professional misconduct and warranted removal from the Roll.

Court Disposition

Opponent's name removed from the Roll and related orders.

Orders

  • ['Declarations made as sought in paragraphs 1-5 of the amended summons.' 'Opponent\'s name ("Mark Andre Perry") removed from the Roll of local lawyers.' 'Opponent restrained from practising as a barrister in contravention of s 14(1) of the Legal Profession Act 2004.' "Opponent to pay claimant's costs."]