Davison v Council of the New South Wales Bar Association [2007] NSWCA 227

New South Wales Court of Appeal

CITATION: Davison v Council of the New South Wales Bar Association [2007] NSWCA 227

HEARING DATE(S): 06/08/07

JUDGMENT DATE: 29 August 2007

JUDGMENT OF: Beazley JA at 1; Ipp JA at 2; Hoeben J at 123

DECISION: Appeal dismissed with costs.

CATCHWORDS: LEGAL PRACTITIONERS – conduct of barrister – barrister guilty of professional misconduct by failing to pay income tax for approximately 16 years – barrister had filed taxation returns and was not convicted of any criminal offences – barrister had ample funds to discharge his debts to the Australian Taxation Office and to his trustees in bankruptcy but chose instead to lead an extravagant lifestyle and to give money to family members – sanctions for professional misconduct – striking off – whether dishonesty or fraud in the context of non-payment of income tax is an essential ingredient in ordering a legal practitioner's name to be removed from the roll. D

Bankruptcy Act 1966 (Cth), ss 139P, 139ZL Bankruptcy Regulations 1996 (Cth) LEGISLATION CITED: Income Tax Assessment Act 1936 (Cth), s 264 Legal Profession Act 1987 (NSW), ss 127(1)(b), 171C(1)(a), 171F Supreme Court Act 1970 (NSW), s 75A Taxation Administration Act 1953 (Cth), ss 8C(1)(a), (f)

Barwick v Council of the Law Society of New South Wales [2004] NSWCA 32 Clyne v The New South Wales Bar Association (1960) 104 CLR 186 Council of the New South Wales Bar Association v Davison [2005] NSWADT 252 Incorporated Law Institute of New South Wales v Meagher (1909) 9 CLR 655 In re Davis (1947) 75 CLR 409 Law Society of New South Wales v Foreman (1994) 34 NSWLR 408 New South Wales Bar Association v Cummins (2001) 52 NSWLR 279 New South Wales Bar Association v Hamman [1999] NSWCA 404 CASES CITED: New South Wales Bar Association v Somosi (2001) 48 ATR 562; [2001] NSWCA 285 New South Wales Bar Association v Stevens (2003) 54 ATR 25; [2003] NSWCA 95 New South Wales Bar Association v Young (2003) 54 ATR 22; [2003] NSWCA 228 Prothonotary of the Supreme Court of New South Wales v Costello [1984] 3 NSWLR 201 Re a Practitioner (1984) 36 SASR 590 Re Evatt; Ex parte New South Wales Bar Association (1967) 67 SR (NSW) 236 The Council of the New South Wales Bar Association v Sahade [2007] NSWCA 145 The Southern Law Society v Westbrook (1910) 10 CLR 609 Wentworth v New South Wales Bar Association (1992) 176 CLR 239 Ziems v The Prothonotary of the Supreme Court of New South Wales (1957) 97 CLR 279