NEW SOUTH WALES BAR ASSOCIATION v SOMOSI [2001] NSWCA 285

New South Wales Court of Appeal

CITATION : NEW SOUTH WALES BAR ASSOCIATION v SOMOSI [2001] NSWCA 285 FILE NUMBER(S) : CA 40197/01 HEARING DATE(S) : 20/08/01 JUDGMENT DATE : 31 August 2001

PARTIES : New South Wales Bar Association (Claimant) Lawrence Robert Somosi (Opponent) JUDGMENT OF : Spigelman CJ at 1; Sheller JA at 87; Giles JA at 88

COUNSEL : P Garling SC / R Bromwich (Claimant) F M Douglas QC / H Bauer / M Kumar (Opponent) SOLICITORS : Tress Cocks & Maddox (Claimant) McClellands (Opponent) CATCHWORDS : LEGAL PRACTITIONERS - Professional discipline - where barrister consented to removal of his name from the Roll - where barrister failed to file taxation returns or pay income tax for seventeen years - where convicted of offences of failing to comply with a notice issued by the Australian Taxation Office - whether declaration as to whether fit and proper person for legal practice appropriate - whether declaration of professional misconduct appropriate - ADMISSIBILITY OF EVIDENCE - whether collateral attack - whether unfair prejudice - Evidence Act 1995, s135 Crimes Act 1900 LEGISLATION CITED : Evidence Act 1995 Income Tax Assessment Act 1936 (Cth) Taxation Administration Act 1953 (Cth) Hunter v Chief Constable of the West Midlands Police [1982] AC 529 Minister for Immigration and Multicultural Affairs v SRT (1999) 91 FCR 234 CASES CITED: New South Wales Bar Association v Hamman [1999] NSWCA 404 Rogers v The Queen (1994) 181 CLR 251 The Prothonotary of the Supreme Court of New South Wales v Ritchard (NSWCA, 31 July 1987, unreported) Ziems v The Prothonotary of the Supreme Court of New South Wales (1957) 97 CLR 279 DECISION : 1 Declaration of professional misconduct made; 2 Declaration that not a fit and proper person made