High Court of Australia
OF AUSTRALIA. 655
be allowed, the decision of the majority of the Court must H. ©. oF A. oe set aside, and the judgment of Mr. Justice Burnside must be 10005
REGISTRAR or TITLES v Appeul allowed. SPENCER.
ae O'Connor J. - Solicitor, for appellant, Barker, Crown Solicitor.
Solicitor, for respondent, Haynes & Canning.
Fall He Vie Be Fas, cee
Sat" Bae
[HIGH COURT OF AUSTRALIA.)
INCORPORATED LAW INSTITUTE OF } ee. NEW SOUTH WALES ,
AND | RICHARD DENIS MEAGHER . é : RESPONDENT.
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
Special leave to appeal— Judicial order—Solicitor struck off roll— Order for re- Hf. Q, oF A. admission—Bzercise of dixcretion—Question of fact—The Constitution (63 & 1909, G4 Vict. ¢. 12), sec. 73—Judiciary Act 1906 (No. 3 of 1906), sec. 49. aes) Sypvey,
Nov. 15, 16, Supreme Court of a State re-admitting to practice a solicitor who had been ~ 17, 18,'26,"
struck off the roll for misconduct. — Griffith O.J,
The Court has jurisdiction to entertaim an appeal from an order of the
_— Attorney—Misconduct—Re-admission to roli—Onus of proof—Discretion of Court a —Fit and proper person—Conditional promise by Court—Charter of Justice (N.S.W.), sec. 10.
By sec. 10 of the Charter of Justice the Supreme Court of New South Wales has power to admit any "fit and proper person " to act as attorney and solicitor of that Court. In 1896 the respondent was struck off the roll of solicitors for being a party to a conspiracy to pervert the course of
H.C. oF A.
1909, ——
IncorPor- ateD Law
InstiTUTE oF
New Soutn Wates v. Meacurr.
HIGH COURT
justice, In 1904 the respondent applied to be re-admitted to practice. 'The Court refused to grant the application, but intimated that the application would probably be granted if the respondent applied on or after Ist June 1906, provided that he then gave evidence of continued good conduct. In 1906 the Court refused to deal with the respondent's application by reason of certain facts which had been disclosed, tending to show that the respondent had been
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