Council of the New South Wales Bar Association v John Peter Hart [2011] NSWCA 64

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Council of the New South Wales Bar Association v John Peter Hart [2011] NSWCA 64 Hearing dates: 21 March 2011 Decision date: 21 March 2011 Before: McColl JA [1], [26] Macfarlan JA [24] Handley AJA [25] Decision: 1 Declare that the respondent is guilty of professional misconduct. 2 Declare that the respondent is not a fit and proper person to remain on the Roll maintained by the Supreme Court of New South Wales under s 32 of the Legal Profession Act 2004 (NSW) ('the Roll'). 3 Order that the name of the respondent be removed from the Roll. 4 Order the respondent to pay the applicant's costs of and incidental to these proceedings. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: LEGAL PRACTITIONERS - removal from the Roll of Local Lawyers -application to have legal practitioner struck off the Roll - whether fit and proper person to remain on the Roll - professional misconduct- making false statements to the Court - practising without holding a current practising certificate - Legal Profession Act 2004 (NSW) ss 14, 15, 25, 32, 47, 497, 590 Legislation Cited: Legal Profession Act 2004 (NSW) Cases Cited: A Solicitor v Council of the Law Society of New South Wales [2004] HCA 1; (2004) 216 CLR 253 Council of the New South Wales Bar Association v Power [2008] NSWCA 135; (2008) 71 NSWLR 451 Incorporated Law Institute of New South Wales v Meagher (1909) 9 CLR 655 Prothonotary of the Supreme Court of New South Wales v Nikolaides [2010] NSWCA 73 Prothonotary of the Supreme Court of NSW v Alcorn [2007] NSWCA 288 Prothonotary of the Supreme Court of New South Wales v McCaffery [2004] NSWCA 470 Category: Principal judgment Parties: Council of the New South Wales Bar Association - Appellant John Peter Hart - Respondent Representation: Counsel: C E Adamson SC with K Williams - Appellant Respondent - no appearance Solicitors: Hicksons Lawyers - Appellant Respondent - no appearance File Number(s):