Montenegro v Law Society of NSW [2015] NSWSC 867

Supreme Court New South Wales

Medium Neutral Citation: Montenegro v Law Society of NSW [2015] NSWSC 867 Hearing dates: 23 June 2015 Date of orders: 02 July 2015 Decision date: 02 July 2015 Jurisdiction: Common Law Before: Campbell J Decision: Appeal allowed. Set aside the decision of the Council of the Law Society of New South Wales made on 15th January 2015 refusing to grant the plaintiff a local practising certificate. Declare that as at 15th January 2015, notwithstanding that the plaintiff was a person within s 42(2)(a) Legal Profession Act 2004 (NSW), circumstances warrant a determination that he is a fit and proper person to hold a restricted local practising certificate for the purpose of s 48(3)(b) of the Act subject to the imposition of the following additional conditions under s 48(1A) and s 50 of the Act: The plaintiff undertake and complete to the satisfaction of the Council further legal education and training in the standards of professional conduct and ethics required of Australian lawyers; The plaintiff undertake and complete a period of supervised legal practise as specified by the Council; and Requiring the plaintiff to undergo counselling or medical treatment to assess and address the question of alcohol abuse and to provide evidence to the Council of compliance with this condition. Each party to bear his or its own costs of the proceedings; Liberty to apply within 14 days on 3 days prior written notice Catchwords: LEGAL PRACTITIONERS – practising certificate – failure to disclose certain prior criminal convictions – whether prior convictions were adequately disclosed – whether solicitor considered a fit and proper person notwithstanding non-disclosure – imposition of practising certificate with strict conditions