Thomson And The Land Agents Act, 1927 [1988] NSWLEC 150

Thomson And The Land Agents Act, 1927 [1988] NSWLEC 150

The applicant bore the onus of satisfying the Court that he was of good fame and character and had the fitness and competence required to be accredited as worthy of public confidence in performing land agent functions. Although the Court was disinclined to reject the application on good fame and character, the applicant had minimal unsupervised conveyancing experience, no practical experience in Crown lands matters, only recent and perfunctory study, little understanding of the lawful scope and duties of a land agent, and proposed to learn through work obtained after registration. He therefore lacked the qualifications and experience necessary for registration.

Jurisdiction
Australia
Judgment Date
02 December 1988
Procedural Posture
Application for Registration as a Land Agent Under the Land Agents Act, 1927 / Determination of Contested Application
Outcome
Application refused; applicant ordered to pay the Law Society of New South Wales's costs as objector.
Legal Topics
['registration of Land Agents' 'good Fame and Character' 'fitness and Competence' 'scope of Land Agent Work' 'unauthorised Legal Work']
['administrative Law' 'land Law' 'legal Profession Regulation'] ['registration of Land Agents' 'good Fame and Character' 'fitness and Competence' 'scope of Land Agent Work' 'unauthorised Legal Work']

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Procedural Posture

Application for Registration as a Land Agent Under the Land Agents Act, 1927 / Determination of Contested Application

Legal Issues

  1. 1 ['Whether the applicant satisfied the Court as to his good fame and character under the Land Agents Act, 1927.' 'Whether the applicant had the fitness and competence required to perform the duties and functions of a land agent.' 'Whether registration as a land agent would permit the applicant to undertake work under the Conveyancing Act, 1919 and Real Property Act, 1900 notwithstanding prohibitions in the Legal Profession Act, 1987.']

Ratio Decidendi

The applicant bore the onus of satisfying the Court that he was of good fame and character and had the fitness and competence required to be accredited as worthy of public confidence in performing land agent functions. Although the Court was disinclined to reject the application on good fame and character, the applicant had minimal unsupervised conveyancing experience, no practical experience in Crown lands matters, only recent and perfunctory study, little understanding of the lawful scope and duties of a land agent, and proposed to learn through work obtained after registration. He therefore lacked the qualifications and experience necessary for registration.

Court Disposition

Application refused; applicant ordered to pay the Law Society of New South Wales's costs as objector.

Orders

  • ['The application be refused.' 'The applicant pay the costs of the Law Society of New South Wales as objector.' 'Exhibits may be returned.']