NSW Caselaw
Reported Decision: 71 NSWLR 451
New South Wales Court of Appeal
CITATION: Council of the NSW Bar Association v Power [2008] NSWCA 135
HEARING DATE(S): 6 May 2008
JUDGMENT DATE: 17 June 2008
JUDGMENT OF: Beazley JA at 1; Hodgson JA at 2; McColl JA at 44
(1) Declare that the opponent is guilty of professional misconduct. DECISION: (2) Declare that the opponent is not a fit and proper person to remain on the Roll of Legal Practitioners. (3) Order that the name of the opponent be removed from the Roll of Legal Practitioners. (4) Order that the opponent pay the costs of these proceedings.
CATCHWORDS: LEGAL PRACTITIONERS – Removal from Roll – Professional misconduct – Whether proceedings are for civil penalty – Whether there is privilege against self-incrimination – Practitioner does not give evidence or explanation of matter within practitioner's knowledge – Whether this can be taken into account in drawing inference against him.
LEGISLATION CITED: Crimes Act 1900 s 312, s 317, s 319 Evidence Act 1995 s 128
CATEGORY: Principal judgment
Australian Competition and Consumer Commission v Universal Music Australia Pty Ltd [2001] FCA 1800; (2001) 201 ALR 502 Azzopardi v The Queen [2001] HCA 25; 205 CLR 50 Bridges v Law Society of New South Wales [1983] 2 NSWLR 361 Briginshaw v Briginshaw (1938) 60 CLR 336 Coe v New South Wales Bar Association [2000] NSWCA 13 Health Care Complaints Commission v Wingate [2007] NSWCA 326 Jones v Dunkel (1959) 101 CLR 298 Munro, ex parte; re the Legal Practitioners Act (1969) 71 SR(NSW) 448 CASES CITED: New South Wales Bar Association v Cummins [2001] NSWCA 284, 52 NSWLR 279 New South Wales Bar Association v Meakes [2006] NSWCA 340 Petty v the Queen (1991) 173 CLR 95 Rich v Australian Securities and Investment Commission [2004] HCA 42, 220 CLR 129 The Prothonotary of the Supreme Court of New South Wales v McCaffery [2004] NSWCA 470 The Prothonotary of the Supreme Court of New South Wales v Ritchard (NSW Court of Appeal, 31 July 1987, unreported) The Prothonotary of the Supreme Court of New South Wales v Sukkar [2007] NSWCA 341 Re Veron (1966) 84 WN(NSW) (Part 1) 136 Weissensteiner v The Queen (1993) 178 CLR 217 Wentworth v Lloyd (1864) 10 HL Cas 589, (1864) 11 ER 1154
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