Kennedy v Legal Profession Admission Board of NSW [2012] NSWSC 33

Supreme Court New South Wales

Medium Neutral Citation: Kennedy v Legal Profession Admission Board of NSW [2012] NSWSC 33 Hearing dates: 14/12/2011 Decision date: 10 February 2012 Jurisdiction: Common Law Before: Garling J Decision: (a) Plaintiff to provide to the Court within 3 days Short Minutes of Order, which he submits it is appropriate for the Court to make. (b) Within a further 3 days, the Law Society of NSW is to provide a note to the Court indicating its agreement with those Short Minutes of Order, or alternatively, Short Minutes of Order for which it contends. (c) Stand proceedings over to 9.30am on Friday 17 February. Catchwords: LEGAL PRACTITIONERS - Appeal from refusal to issue certificate of compliance thereby denying readmission as a lawyer - Professional misconduct - Misappropriation of law society funds for personal use -Repaid after short period - Small amount - Two false sworn statements to ADT - Removed from roll in 2006 - Heavy burden on applicant to show fit and proper person - Whether applicant displaced original removal decision that probably permanently unfit - Contrition - Proper and adequate understanding of wrongness of earlier conduct - Court satisfied of future honest conduct - Diligent and high quality work as legal clerk - Support from legal practitioner peers - Stability of personal relationship - Applicant fit and proper person to be admitted - Certificate of Compliance of ought to have been issued Legislation Cited: Legal Profession Act 2004 Cases Cited: Clyne v NSW Bar Association [1960] HCA 40; 104 CLR 186 Dawson v Law Society of NSW (Court of Appeal, 21 December 1989, unreported) Evatt v NSW Bar Association (Court of Appeal, 15 December 1981, unreported) Ex parte Lenehan [1948] HCA 45; 77 CLR 403 Hegney v Law Society of NSW [2008] NSWADT 150 Incorporated Law Institute of NSW v Meagher [1909] HCA 89; 9 CLR 655 Jones v Sutherland Shire Council (1979) 2 NSWLR 206 Kotowicz v Law Society of NSW (Court of Appeal, 7 August 1987, unreported) Law Society of NSW v Kennedy [2006] NSWADT 132 In re Dennis (Court of Appeal, 23 December 1988, unreported) NSW Bar Association v Evatt [1968] HCA 20; 117 CLR 177 Re S (a Solicitor) [1985] VR 343 Category: Principal judgment Parties: Rodney James Kennedy (P) Legal Profession Admission Board of NSW (1D) Law Society of NSW (2D) Representation: D Bennett QC / D Carroll (P) Submitting appearance (1D) J S Gleeson / P J English (2D) Jarratt, Webb & Graham Solicitors (P) Crown Solicitor's Office (1D) Law Society of NSW (2D) File Number(s): 2010/423107 Publication restriction: Nil