Davison v Legal Profession Admission Board [2019] NSWSC 959

Davison v Legal Profession Admission Board [2019] NSWSC 959

Mr Davison failed to demonstrate genuine insight into or acceptance of the seriousness of his prior conduct, characterised by a deliberate strategy to avoid tax and bankruptcy obligations over an extended period, as found by prior tribunals and courts. He continued to provide exculpatory explanations and did not positively show a reformed character warranting reinstatement. The court was not satisfied that he was a fit and proper person for readmission, and thus his appeal must be dismissed.

Jurisdiction
Australia
Judgment Date
06 August 2019
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['admission to Practice' 'fit and Proper Person' 'professional Misconduct' 'readmission to Legal Profession']
['professional Discipline' 'legal Profession'] ['admission to Practice' 'fit and Proper Person' 'professional Misconduct' 'readmission to Legal Profession']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the plaintiff is a fit and proper person to be admitted to the Australian legal profession after previous removal from the Roll' 'Whether the plaintiff has displaced the prior finding of probable permanent unfitness by positively demonstrating rehabilitation']

Ratio Decidendi

Mr Davison failed to demonstrate genuine insight into or acceptance of the seriousness of his prior conduct, characterised by a deliberate strategy to avoid tax and bankruptcy obligations over an extended period, as found by prior tribunals and courts. He continued to provide exculpatory explanations and did not positively show a reformed character warranting reinstatement. The court was not satisfied that he was a fit and proper person for readmission, and thus his appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed']