KRISS - v - LEGAL PRACTITIONERS ADMISSION BOARD and ANOR [2002] NSWSC 967

KRISS - v - LEGAL PRACTITIONERS ADMISSION BOARD and ANOR [2002] NSWSC 967

The plaintiff had comfortably satisfied the Court that, over almost seven years since his removal from the roll, he had lived an exemplary life and demonstrated integrity, honesty and probity. The misconduct that led to his disbarment arose from a somewhat unique set of circumstances and did not reflect any permanent defect of character. The appeal should therefore be allowed and his application for admission approved, subject to undertaking and successfully completing the Bar Association's Readers' Course because of substantial and significant changes in procedural and substantive law since December 1995.

Jurisdiction
Australia
Judgment Date
18 October 2002
Procedural Posture
Appeal Pursuant to Section 14 of the Legal Profession Act 1987 Against Refusal of the Admission Board to Approve an Application for Admission as a Practitioner; in Effect an Application for Reinstatement as a Legal Practitioner / Final Judgment
Outcome
Appeal allowed; application for admission as a legal practitioner approved subject to condition.
Legal Topics
['application for Admission as a Legal Practitioner' 'reinstatement After Removal From Roll' 'character and Fitness' 'protective Jurisdiction' "barrister's Readers' Course"]
['legal Profession' 'administrative Law'] ['application for Admission as a Legal Practitioner' 'reinstatement After Removal From Roll' 'character and Fitness' 'protective Jurisdiction' "barrister's Readers' Course"]

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Procedural Posture

Appeal Pursuant to Section 14 of the Legal Profession Act 1987 Against Refusal of the Admission Board to Approve an Application for Admission as a Practitioner; in Effect an Application for Reinstatement as a Legal Practitioner / Final Judgment

Legal Issues

  1. 1 ["Whether the defects in character that led to the plaintiff's removal from the roll of legal practitioners in December 1995 no longer existed." 'Whether the plaintiff had satisfied the Court to the requisite standard that he was an upright, honourable and trustworthy person suitable for readmission.' "Whether approval of the plaintiff's application for admission should be subject to completion of the Bar Association's Readers' Course."]

Ratio Decidendi

The plaintiff had comfortably satisfied the Court that, over almost seven years since his removal from the roll, he had lived an exemplary life and demonstrated integrity, honesty and probity. The misconduct that led to his disbarment arose from a somewhat unique set of circumstances and did not reflect any permanent defect of character. The appeal should therefore be allowed and his application for admission approved, subject to undertaking and successfully completing the Bar Association's Readers' Course because of substantial and significant changes in procedural and substantive law since December 1995.

Court Disposition

Appeal allowed; application for admission as a legal practitioner approved subject to condition.

Orders

  • ['That the appeal be allowed.' "That subject to the condition that he undertake and successfully complete the Bar Association's Readers' Course, the application of Maurice Gordon Kriss for admission as a Legal Practitioner be approved." 'I invite submissions as to costs.' 'Plaintiff to pay the costs of NSW Bar...