PETER CECIL HARCOURT DAWSON v THE LAW SOCIETY OF NEW SOUTH WALES [1989] NSWCA 58

PETER CECIL HARCOURT DAWSON v THE LAW SOCIETY OF NEW SOUTH WALES

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P, MAHONEY and MEAGHER JJA 17 November 1989, 21 December 1989

[1989] NSWCA 58

LEGAL PRACTITIONERS — solicitor — former solicitor admitted to the Bar — subsequent investigation into his affairs when he was a solicitor — proceedings by Bar Association for the removal of his name from the roll of barristers — orders made by the Court without contest — passage of seven years from order of removal and fifteen years from alleged misconduct — total payments from Fidelity Fund of nearly $20,000 to two clients and their solicitors — former practitioner, with consent of Law Society, secures employment as a law clerk — applies for restoration to roll of solicitors — evidence of good character — Law Society consents to application upon conditions as to limited practising certificate and reimbursement of the Fidelity Fund and payment of its costs

(Dismissing application) (per Mahoney and Meagher JJA; Kirby P dissenting) The solicitor had not affirmatively established on solid and substantial grounds that his name should be restored to the list of solicitors. Ex parte Lenehan (1949) 77 CLR 403, 422 applied. Discussion by members of the Court of the principles applicable to applications for restoration to the roll of practitioners. Discussion of the obligation to reimburse clients or the Fidelity Fund. Evatt v Bar Association of New South Wales, Court of Appeal, unreported, 15 December 1981 discussed and criticized by Meagher JA.

ORDERS Summons dismissed with costs.

Kirby P Mr Peter Dawson (the claimant) applies to the Court for an order that he be admitted as a solicitor. He offers to give to the Court certain undertakings which have been proposed by the Law Society of New South Wales (the Society) as a condition for his admission. Upon this basis, the Society does not oppose the claimant's application. In my opinion, the order sought should be made, although I would vary the terms of the undertakings proposed by the Society and accepted by Mr Dawson. Only upon the giving of such undertakings would I admit him once again to practise.