McCowan V Council of the Law Society of NSW [2014] NSWCATOD 44

McCowan V Council of the Law Society of NSW [2014] NSWCATOD 44

The Tribunal approved Mr Brawn as a lay associate because, on the evidence, the applicant established that Mr Brawn was now fit and proper for limited and carefully controlled engagement in a law practice, had sufficient character, understood the standards required of those involved in legal practice, had demonstrated insight and genuine continuing contrition, and had rehabilitated himself. The approval required stringent conditions to protect the public and the profession.

Jurisdiction
Australia
Judgment Date
05 May 2014
Procedural Posture
Application Pursuant to S 17(3)(c) of the Legal Profession Act 2004 Seeking Approval for a Law Practice to Have Alan Richmond Brawn as a Lay Associate / Principal Judgment After Hearings on 5 July 2013 and 27 August 2013
Outcome
Application granted subject to conditions; no order as to costs.
Legal Topics
['lay Associate Application' 'fitness to Resume Involvement With a Law Practice' 'fit and Proper Person' 'character' 'insight' 'contrition' 'rehabilitation' 'conditions on Lay Associate Employment']
['legal Profession' 'professional Regulation' 'administrative Law'] ['lay Associate Application' 'fitness to Resume Involvement With a Law Practice' 'fit and Proper Person' 'character' 'insight' 'contrition' 'rehabilitation' 'conditions on Lay Associate Employment']

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Procedural Posture

Application Pursuant to S 17(3)(c) of the Legal Profession Act 2004 Seeking Approval for a Law Practice to Have Alan Richmond Brawn as a Lay Associate / Principal Judgment After Hearings on 5 July 2013 and 27 August 2013

Legal Issues

  1. 1 ['Whether Alan Richmond Brawn was a fit and proper person to participate in the responsible and trusted activities involved in conducting legal practice as a lay associate.' 'Whether Mr Brawn had sufficient character, insight, contrition and rehabilitation after his professional misconduct, criminal convictions and removal from the Roll of Legal Practitioners.' "If approval were granted, what conditions should be imposed on Mr Brawn's employment as a lay associate to protect the public and the profession."]

Ratio Decidendi

The Tribunal approved Mr Brawn as a lay associate because, on the evidence, the applicant established that Mr Brawn was now fit and proper for limited and carefully controlled engagement in a law practice, had sufficient character, understood the standards required of those involved in legal practice, had demonstrated insight and genuine continuing contrition, and had rehabilitated himself. The approval required stringent conditions to protect the public and the profession.

Court Disposition

Application granted subject to conditions; no order as to costs.

Orders

  • ['The Tribunal approves Alan Richmond Brawn as a lay associate of the law practice conducted by Terence McCowan known as Legal Wisdom, subject to conditions.' 'The employment of Mr Brawn shall be for a period of only up to two days in any one week period of Monday to Friday inclusive.' 'Mr McCowan must supervise Mr...