Council of the New South Wales Bar Association v Einfeld [2009] NSWCA 255

New South Wales Court of Appeal

CITATION: Council of the New South Wales Bar Association v Einfeld [2009] NSWCA 255 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 23 July 2009

JUDGMENT DATE: 28 August 2009

JUDGMENT OF: Allsop P at 1; Giles JA at 1; Hodgson JA at 1

DECISION: Reasons for orders made on 23 July 2009

CATCHWORDS: LEGAL PRACTITIONERS - lawyers - disqualified practitioners – professional misconduct - not fit and proper person – removal from Roll of Local Lawyers – lawyer pleaded guilty to two criminal charges - role of Court when defendant concedes that orders and declarations should be made – whether the Court should range beyond the facts which are admitted if those admitted facts are adequate to support the making of declarations and orders – the Court should deal with the totality of the alleged matters – need to understand the full context and history of the defendant's conduct

LEGISLATION CITED: Crimes Act 1900 (NSW)

CATEGORY: Principal judgment

Australian Competition and Consumer Commission of Universal Music Australia Pty Ltd [2001] FCA 1800; 115 FCR 442 Azzopardi v The Queen [2001] HCA 25; 205 CLR 50 Bridges v Law Society of New South Wales [1983] 2 NSWLR 361 Council of the New South Wales Bar Association v Power [2008] NSWCA 135; 71 NSWLR 451 CASES CITED: Law Society of New South Wales v Seymour; Prothonotary v Seymour (Court of Appeal 14 April 1982 unreported) Prothonotary of the Supreme Court of New South Wales v McCaffery [2004] NSWCA 470 Prothonotary of the Supreme Court of New South Wales v Ritchard (Court of Appeal 31 July 1987, unreported) New South Wales Bar Association v Cummins [2001] NSWCA 284; 52 NSWLR 279 R v Einfeld [2009] NSWSC 119 Weissensteiner v The Queen [1993] HCA 65; 178 CLR 217