NEW SOUTH WALES BAR ASSOCIATION v JETNIKOFF [1992] NSWCA 171

NEW SOUTH WALES BAR ASSOCIATION v JETNIKOFF [1992] NSWCA 171

The provision of false certificates by Mr Jetnikoff at stages leading to his admission to the Bar is sufficient to warrant removal from the Roll of Barristers as it demonstrates unfitness to practice.

Parties
Claimant: New South Wales Bar Association; Opponent: Stephen Mark Jetnikoff
Jurisdiction
Australia
Judgment Date
18 December 1992
Procedural Posture
Legal Practitioners Disciplinary Proceeding / Final Hearing and Orders
Outcome
Name removed from Roll of Barristers; costs awarded against respondent.
Legal Topics
Removal From Roll, Good Character, False Certificates
Legal Profession Removal From Roll Good Character False Certificates

Case Brief

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Parties

New South Wales Bar Association

Claimant

Stephen Mark Jetnikoff

Opponent

Procedural Posture

Legal Practitioners Disciplinary Proceeding / Final Hearing and Orders

Legal Issues

  1. 1 Whether Mr Jetnikoff provided false certificates to gain admission as a barrister
  2. 2 Whether such conduct demonstrates unfitness to remain on the Roll of Barristers

Ratio Decidendi

The provision of false certificates by Mr Jetnikoff at stages leading to his admission to the Bar is sufficient to warrant removal from the Roll of Barristers as it demonstrates unfitness to practice.

Court Disposition

Name removed from Roll of Barristers; costs awarded against respondent.

Orders

  • Order that the name of Stephen Mark Jetnikoff be removed from the Roll of Barristers of this Court.
  • Order that Mr Jetnikoff pay the claimant's costs, including any reserved costs, on an indemnity basis.