THE PROTHONOTARY OF THE SUPREME COURT OF NEW SOUTH WALES v SIDERIS [1994] NSWCA 311

THE PROTHONOTARY OF THE SUPREME COURT OF NEW SOUTH WALES v SIDERIS

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL KIRBY P, PRIESTLEY and POWELL JJA

15 August 1994, 15 August 1994

[1994] NSWCA 311

LEGAL PRACTITIONERS — barrister — established fraud in obtaining exemptions from law course — lack of qualifications to practise — held: name removed from Roll.

LEGAL PRACTITIONERS — barrister — removal of name from Roll of Legal Practitioners — fraud in securing admission to University law course — admission as barrister based upon law degree — barrister puts forward results of brother, a solicitor, to found admission to law course with exemptions — in earlier proceedings by University to restrain use of degree, which was cancelled, judge (Cole J) finds fraud — directs proceedings to be commenced by Prothonotary — upon those proceedings coming before the Court of Appeal — held: (1) The name of the barrister should be removed from the Roll of Legal Practitioners upon the bases of (a) lack of qualifications and (b) fraud; and (2) Papers referred to Law Society for investigation of conduct of brother, a solicitor.

Kirby P Before the Court is a summons by which the Prothonotary claims an order that the name of Arthur George Sideris, a barrister of the Court, be removed from the Roll of Legal Practitioners.

The summons claims this relief upon the ground that Mr Sideris, whom I shall call the opponent, is not the holder of the Degree of Bachelor of Laws or other qualifications which entitles him to practise as a barrister, and that he obtained entry to the course for the Bachelor of Laws degree within the University of New South Wales, and obtained exemptions from the requirement to complete subjects in that course, by fraud. The fraud alleged is the use by the opponent of the academic records of his brother, George Sideris, a solicitor. The summons also seeks orders as to the costs of the proceedings.