NSW BAR ASSOCIATION v STEVENS [2003] NSWCA 261

NSW BAR ASSOCIATION v STEVENS [2003] NSWCA 261

The opponent's prolonged failure to lodge income tax returns and pay income tax, amounting to about twenty years, and in substantial sums, constitutes professional misconduct and demonstrates he is not a fit and proper person to remain on the Roll of Legal Practitioners. Such conduct displays a lack of integrity and disregard for civic and legal responsibilities expected of barristers.

Jurisdiction
Australia
Judgment Date
18 September 2003
Procedural Posture
Disciplinary Proceedings / Final Judgment
Outcome
Declarations made and removal from the Roll of Legal Practitioners ordered; costs awarded to claimant.
Legal Topics
['removal From Roll of Legal Practitioners' 'professional Misconduct' 'fit and Proper Person' 'failure to Lodge Tax Returns']
['professional Discipline' 'tax Law'] ['removal From Roll of Legal Practitioners' 'professional Misconduct' 'fit and Proper Person' 'failure to Lodge Tax Returns']

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Procedural Posture

Disciplinary Proceedings / Final Judgment

Legal Issues

  1. 1 ["Whether the opponent's failure to lodge tax returns and pay income tax over many years constitutes professional misconduct" 'Whether the opponent is a fit and proper person to remain on the Roll of Legal Practitioners']

Ratio Decidendi

The opponent's prolonged failure to lodge income tax returns and pay income tax, amounting to about twenty years, and in substantial sums, constitutes professional misconduct and demonstrates he is not a fit and proper person to remain on the Roll of Legal Practitioners. Such conduct displays a lack of integrity and disregard for civic and legal responsibilities expected of barristers.

Court Disposition

Declarations made and removal from the Roll of Legal Practitioners ordered; costs awarded to claimant.

Orders

  • ['A declaration that the opponent has been guilty of professional misconduct.' 'A declaration that the opponent is not a fit and proper person to remain on the Roll of Legal Practitioners.' 'An order that the name of the opponent be, and hereby is, removed from the Roll of Legal Practitioners.' 'An order that the...