Comeskey v The New South Wales Bar Association [2015] NSWSC 824

Supreme Court New South Wales

Medium Neutral Citation: Comeskey v The New South Wales Bar Association [2015] NSWSC 824 Hearing dates: 4 February 2015 Date of orders: 25 June 2015 Decision date: 25 June 2015 Jurisdiction: Common Law Before: Hidden J Decision: Appeal dismissed Catchwords: LEGAL PRACTITIONERS – New Zealand lawyer seeking local practising certificate – registered under Trans-Tasman Mutual Recognition Act – whether fit and proper person to hold a practising certificate – failure to disclose disciplinary proceedings, complaints and convictions in New Zealand – duty of candour in application for practising certificate under Legal Profession Act, as well as under mutual recognition legislation Legislation Cited: Crimes Act 1914 (C'th) Lawyers and Conveyances Act 2006 (NZ) Legal Practice Act 2003 (WA) Legal Profession Act 1987 Legal Profession Act 2004 Legal Profession Act 2006 (ACT) Mutual Recognition Act 1992 (C'th) Trans-Tasman Mutual Recognition Act 1997 (C'th) Trans-Tasman Proceedings Act 2010 (C'th) Cases Cited: Barakat v the Law Society of New South Wales [2014] NSWSC 773 Comeskey v New South Wales Bar Association [2015] NSWSC 12. Law Society of New South Wales v Glenorcy [2006] 67 NSWLR 169 Legal Practitioner v Council of the Law Society of the Australian Capital Territory [2011] ACTSC 110 New South Wales Bar Association v Murphy [2002] NSWCA 138, 55 NSWLR 23 Re Petroulias ; Re Tkacz; ex parte Tkacz ; Scott v Law Society of Tasmania [2009] TASSC 12 Veghelyi v Council of the Law Society of New South Wales (1989) 17 NSWLR 669 Category: Principal judgment Parties: Christopher Patrick Comeskey (plaintiff) The New South Wales Bar Association (defendant) Representation: Counsel: In person (plaintiff) Mr D McLure with Mr M Davis (defendant)