JOHNS v THE LAW SOCIETY OF NEW SOUTH WALES [1991] NSWCA 158

JOHNS v THE LAW SOCIETY OF NEW SOUTH WALES [1991] NSWCA 158

The claimant demonstrated, through evidence of honest, blameless conduct and rehabilitation since being struck off for professional misconduct, that he is now fit and proper to be readmitted as a solicitor; the previous misconduct, while serious, did not connote irrebuttable moral incapacity.

Parties
Claimant: Robert James Johns; Opponent: The Law Society of New South Wales
Jurisdiction
Australia
Judgment Date
06 June 1991
Procedural Posture
Application for Restoration to the Roll of Solicitors / Hearing Before Court of Appeal
Outcome
Application granted; claimant admitted to the Roll as Attorney, Solicitor and Proctor of the Supreme Court of New South Wales
Legal Topics
Restoration to Roll, Fitness to Practise, Professional Misconduct, Rehabilitation of Solicitors
Legal Practitioners Professional Misconduct Restoration to Roll Fitness to Practise Rehabilitation of Solicitors

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Parties

Robert James Johns

Claimant

The Law Society of New South Wales

Opponent

Procedural Posture

Application for Restoration to the Roll of Solicitors / Hearing Before Court of Appeal

Legal Issues

  1. 1 Whether the claimant is now a fit and proper person to be admitted to practice as a solicitor after being previously struck off for professional misconduct

Ratio Decidendi

The claimant demonstrated, through evidence of honest, blameless conduct and rehabilitation since being struck off for professional misconduct, that he is now fit and proper to be readmitted as a solicitor; the previous misconduct, while serious, did not connote irrebuttable moral incapacity.

Court Disposition

Application granted; claimant admitted to the Roll as Attorney, Solicitor and Proctor of the Supreme Court of New South Wales

Orders

  • The claimant be admitted as an Attorney, Solicitor and Proctor of the Supreme Court of New South Wales.
  • The claimant pay The Law Society of New South Wales' costs of this application.