WEAVER v THE LAW SOCIETY OF NEW SOUTH WALES [1992] NSWCA 266

WEAVER v THE LAW SOCIETY OF NEW SOUTH WALES [1992] NSWCA 266

The evidence established that the claimant is now a fit and proper person to practise as a solicitor and that public interest and protection of the public would not be compromised by his re-admission given the time elapsed, his acceptance of responsibility, remorse, absence of personal gain from defalcations, and undertakings not to conduct a trust account or seek an unrestricted certificate.

Parties
Claimant: Arthur George Weaver; Opponent: The Law Society of New South Wales
Jurisdiction
Australia
Judgment Date
13 March 1992
Procedural Posture
Application for Re Admission to the Roll of Solicitors / Determination of Application After Hearing
Outcome
Application granted; name to be restored to the Roll of Solicitors upon undertakings given.
Legal Topics
Removal and Re Admission of Solicitor to Roll, Fitness to Practice, Protective Jurisdiction, Undertakings to Court
Legal Profession Professional Misconduct Removal and Re Admission of Solicitor to Roll Fitness to Practice Protective Jurisdiction Undertakings to Court

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Parties

Arthur George Weaver

Claimant

The Law Society of New South Wales

Opponent

Procedural Posture

Application for Re Admission to the Roll of Solicitors / Determination of Application After Hearing

Legal Issues

  1. 1 Is the claimant now a fit and proper person to be re-admitted to the Roll of Solicitors?
  2. 2 Is re-admission of the claimant consistent with the public interest and protection of the public?

Ratio Decidendi

The evidence established that the claimant is now a fit and proper person to practise as a solicitor and that public interest and protection of the public would not be compromised by his re-admission given the time elapsed, his acceptance of responsibility, remorse, absence of personal gain from defalcations, and undertakings not to conduct a trust account or seek an unrestricted certificate.

Court Disposition

Application granted; name to be restored to the Roll of Solicitors upon undertakings given.

Orders

  • The name of Arthur George Weaver be restored to the Roll of Solicitors of the Supreme Court of New South Wales upon giving the undertakings enumerated to the Court.