WEAVER v THE LAW SOCIETY OF NEW SOUTH WALES [1992] NSWCA 266

WEAVER v THE LAW SOCIETY OF NEW SOUTH WALES SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

GLEESON CJ, HANDLEY and SHELLER JJA 13 March 1992, 13 March 1992 [1992] NSWCA 266

LEGAL PRACTITIONERS — SOLICITORS — PROFESSIONAL MISCONDUCT — claimant's name removed from Roll of Solicitors in 1977 — application for re-admission — HELD — the claimant had established that he was now a fit and proper person and the public interest did not require that he remain barred from practice.

Gleeson CJ This is an application by the claimant for an order that the claimant's name be restored to the Roll of Solicitors of this Court. The Law Society of New South Wales appeared by counsel on the application and provided the Court with extremely helpful submissions in relation both to the facts and circumstances of the case and the principles to be applied in a proceeding of this nature. The attitude of the Law Society was that it does not oppose the application, nor does it actively support the application.

The claimant is presently aged seventy-one. His name was removed from the Roll of Solicitors by an order of this Court made on 30 November 1977. Before referring to some of the circumstances giving rise to that order of removal, it is convenient to mention some further biographical details relating to the claimant.

The claimant left school in 1937, having obtained the Leaving Certificate. He obtained employment and then in December 1941 enlisted for training in the Royal Australian Air Force. Following his initial training, he was posted to Canada to complete the course of observer. In June 1943 he graduated as an air bomber navigator in Canada, with the rank of flight sergeant. Following graduation he was posted to the United Kingdom, first to further training in Wales and then to an operations unit in Staffordshire. Eventually he was posted to a Heavy Bomber Squadron. He was commissioned as a Pilot Officer in October 1944. By the time he was demobilized in April 1946 he held the rank of Flying Officer. He was awarded the Distinguished Flying Cross 1939 to 1945 France and Germany Star Defence Medal and at a later date the Australian War Medal 1935 to 1945 and the Tribute to the Air Crew of Bomber Command 1935 to 1945 Medal issued by the United Kingdom Government.