Council of the New South Wales Bar Association v John Peter Hart [2011] NSWCA 64

Council of the New South Wales Bar Association v John Peter Hart [2011] NSWCA 64

The respondent's repeated knowingly false statements to Local Courts, made with the intention of misleading the Court and in some instances to secure a more favourable forum or result for clients, together with his engaging in legal practice and holding himself out as a barrister after cancellation of his practising certificate, constituted conduct reasonably regarded as disgraceful or dishonourable and demonstrated that, as at the hearing date, he was not a fit and proper person to remain on the Roll.

Jurisdiction
Australia
Judgment Date
21 March 2011
Procedural Posture
Application for Declaration of Professional Misconduct and Removal From the Roll of Local Lawyers / Hearing Before the Court of Appeal
Outcome
Application granted; respondent declared guilty of professional misconduct and ordered removed from the Roll with costs.
Legal Topics
['professional Misconduct' 'removal From the Roll' 'fitness and Propriety' 'false Statements to Courts' 'practising Without a Current Practising Certificate']
['legal Profession Regulation' 'professional Discipline'] ['professional Misconduct' 'removal From the Roll' 'fitness and Propriety' 'false Statements to Courts' 'practising Without a Current Practising Certificate']

Case Brief

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Procedural Posture

Application for Declaration of Professional Misconduct and Removal From the Roll of Local Lawyers / Hearing Before the Court of Appeal

Legal Issues

  1. 1 ['Whether the respondent was guilty of professional misconduct by knowingly making false statements to courts with the intention of misleading presiding judicial officers.' 'Whether the respondent was not a fit and proper person to remain on the Roll maintained by the Supreme Court of New South Wales.' 'Whether the respondent should be removed from the Roll.' 'Whether the respondent engaged in legal practice and held himself out as a barrister without a current practising certificate contrary to ss 14 and 15 of the Legal Profession Act 2004 (NSW).' "Whether the matter should proceed despite the respondent's letter which was treated as an implicit adjournment request."]

Ratio Decidendi

The respondent's repeated knowingly false statements to Local Courts, made with the intention of misleading the Court and in some instances to secure a more favourable forum or result for clients, together with his engaging in legal practice and holding himself out as a barrister after cancellation of his practising certificate, constituted conduct reasonably regarded as disgraceful or dishonourable and demonstrated that, as at the hearing date, he was not a fit and proper person to remain on the Roll.

Court Disposition

Application granted; respondent declared guilty of professional misconduct and ordered removed from the Roll with costs.

Orders

  • ['Declare that the respondent is guilty of professional misconduct.' "Declare that the respondent is not a fit and proper person to remain on the Roll maintained by the Supreme Court of New South Wales under s 32 of the Legal Profession Act 2004 (NSW) ('the Roll')." 'Order that the name of the respondent be removed...