In Re Davis [1947] HCA 53

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[HIGH COURT OF AUSTRALIA.)

IN RE DAVIS.

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

Legal Practitioners—Barrister—Admission—Criminal offence prior thereto —Non- H. C. or A. disclosure to Barristers Admission Board—Jurisdiction of Court over barristers 1947. —Disbarring—" Shall"—Legal Practitioners Act 1898-1936 (N.8.W.) (No. 220 "S~

of 1898-—No. 10 of 1936), ss. 9, 10." Sypxey,

The appellant; having been approved for-admission as a barrister by the De: 5 15»

: Barristers Admission Board was in 1946 admitted as a barrister by the Latham C3. "Supreme Court of New South Wales. In 1947 that Court disbarred the MeTierhan ani appellant on the ground that in 1935 he had pleaded guilty to an indictment Bi for breaking, entering and stealing and that he had failed to disclose this fact to the Court or to the Board or to the persons from whom he obtained certificates of good fame and character. 3a Held (i) by Starke, Dixon, McTiernan and Williams JJ. (Latham CuI. dissenting), that the Supreme Court is not bound by s. 10 of the Legal Prac- fitioners Act 1898-1936 (N.S.W.) to admit to the Bar a candidate who is approved by the Board,

(ii) by the whole Court, that the power of the Supreme Court to disbar may be exercised upon a ground that is antecedent to the admission of a 7 barrister or the determination of the Board to approve him as a fit and proper person, 7 (iii) that the Supreme Court rightly held that the appellant was not a fit 'and proper person to be a barrister. Decision of the Supreme Court of New South Wales (Full Court): In re Davis, (1947) 48 S.R. (N.S.W.) 33; 64 W.N. (N.S.W.) 226, affirmed.