Jackson (formerly Subramaniam) v Legal Practitioners Admission Board [2007] NSWCA 289

New South Wales Court of Appeal

CITATION: Jackson (formerly Subramaniam) v Legal Practitioners Admission Board [2007] NSWCA 289

HEARING DATE(S): 28 September 2007

JUDGMENT DATE: 17 October 2007

JUDGMENT OF: Beazley JA at 1; Giles JA at 2; Bryson AJA at 60

DECISION: If leave to appeal is necessary, leave granted. Appeal dismissed with costs.

CATCHWORDS: Legal practitioners - admission - appeal from refusal by Legal Practitioners Admission Board - prior acquittal for criminal offences - whether open to court to investigate and find facts adversely to appellant - whether difference between admission of practitioner and discipline of admitted practitioner - whether burden of disproof wrongly placed on applicant - whether failure to consider current suitability for admission - no error shown.

Clyne v New South Wales Bar Association (1960) 104 CLR 186; Frugtniet v Board of Examiners (No 2) [2005] VSC 332; Gersten v Law Society of New South Wales (2002) 56 NSWLR 16; CASES CITED: Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630; Prothonotary of the Supreme Court of New South Wales v Castillo [2001] NSWCA 75; R v Subramaniam [2002] NSWCCA 372; Subramaniam v The Queen [2004] HCA 51; (2004) ALR 1; (2004) 79 ALJR 116.

PARTIES: Karla Jackson (formerly Subramaniam) - Appellant Legal Practitioners Admission Board - Respondent

FILE NUMBER(S): CA 40023/07

COUNSEL: K Eastman & M Seck - Appellant T Anderson - Respondent

SOLICITORS: Hall Partners - Appellant I V Knight, Crown Solciitor - Respondent

LOWER COURT JURISDICTION: Supreme Court