Kennedy v Legal Profession Admission Board of NSW [2012] NSWSC 33

Kennedy v Legal Profession Admission Board of NSW [2012] NSWSC 33

Based on the applicant's demonstrated contrition, insight into and acceptance of the wrongfulness of his conduct, high standard of work and behaviour as a legal clerk, support from peers, and reduction in alcohol consumption, the Court is satisfied that he is a fit and proper person to be readmitted as a legal practitioner and a certificate of compliance ought to be issued.

Jurisdiction
Australia
Judgment Date
10 February 2012
Procedural Posture
Appeal / Judgment on Appeal Against Refusal to Issue Compliance Certificate for Readmission as a Lawyer
Outcome
Plaintiff found fit and proper person to be admitted; certificate of compliance should have been issued; orders made for short minutes; proceedings stood over.
Legal Topics
['admission to Practice' 'professional Misconduct' 'readmission of Lawyers' 'contrition' 'fit and Proper Person Test']
['legal Profession'] ['admission to Practice' 'professional Misconduct' 'readmission of Lawyers' 'contrition' 'fit and Proper Person Test']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal Against Refusal to Issue Compliance Certificate for Readmission as a Lawyer

Legal Issues

  1. 1 ['Whether Mr Kennedy is a fit and proper person to be readmitted as a legal practitioner' 'Whether the refusal to issue a certificate of compliance should be set aside']

Ratio Decidendi

Based on the applicant's demonstrated contrition, insight into and acceptance of the wrongfulness of his conduct, high standard of work and behaviour as a legal clerk, support from peers, and reduction in alcohol consumption, the Court is satisfied that he is a fit and proper person to be readmitted as a legal practitioner and a certificate of compliance ought to be issued.

Court Disposition

Plaintiff found fit and proper person to be admitted; certificate of compliance should have been issued; orders made for short minutes; proceedings stood over.

Orders

  • ['Plaintiff to provide to the Court within 3 days Short Minutes of Order, which he submits it is appropriate for the Court to make.' 'Within a further 3 days, the Law Society of NSW is to provide a note to the Court indicating its agreement with those Short Minutes of Order, or alternatively, Short Minutes of Order...