PROTHONOTARY OF THE SUPREME COURT OF NEW SOUTH WALES v CHARLES FILGATE GILES [1988] NSWCA 117

PROTHONOTARY OF THE SUPREME COURT OF NEW SOUTH WALES v CHARLES FILGATE GILES [1988] NSWCA 117

The removal from the ACT roll, the facts established in those proceedings, and the respondent's admission justified removal from the NSW roll despite pending ACT restoration proceedings; the NSW Court's standards and evidence of future fitness govern any restoration application.

Parties
Claimant: Prothonotary of the Supreme Court of New South Wales; Respondent: Charles Filgate Giles
Jurisdiction
Australia
Judgment Date
25 June 1988
Procedural Posture
Application for Removal From Roll / Application for Order; Judgment
Outcome
Name removed from roll; costs to prothonotary
Legal Topics
Removal From Roll, Restoration to Roll, Professional Misconduct
Legal Profession Removal From Roll Restoration to Roll Professional Misconduct

Case Brief

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Parties

Prothonotary of the Supreme Court of New South Wales

Claimant

Charles Filgate Giles

Respondent

Procedural Posture

Application for Removal From Roll / Application for Order; Judgment

Legal Issues

  1. 1 Whether Charles Filgate Giles should be removed from the roll of solicitors in New South Wales
  2. 2 Whether proceedings in ACT to restore his name should delay NSW removal

Ratio Decidendi

The removal from the ACT roll, the facts established in those proceedings, and the respondent's admission justified removal from the NSW roll despite pending ACT restoration proceedings; the NSW Court's standards and evidence of future fitness govern any restoration application.

Court Disposition

Name removed from roll; costs to prothonotary

Orders

  • That the name of Charles Filgate Giles be removed from the roll of solicitors of the Court.
  • That the costs of the prothonotary of and incidental to the proceedings before the Court be paid by the said Charles Filgate Giles.