Council of the New South Wales Bar Association v Dwyer [2015] NSWCA 302

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Council of the New South Wales Bar Association v Dwyer [2015] NSWCA 302 Hearing dates: 9 September 2015 Decision date: 30 September 2015 Before: Basten JA at [1]; Ward JA at [2]; Emmett JA at [3] Decision: 1 Declare that Christopher Charles Dwyer is guilty of professional misconduct.

2 Declare that Christopher Charles Dwyer is not a fit and proper person to remain on the roll of persons admitted as lawyers maintained by the Court pursuant to s 22 of the Legal Profession Uniform Law (NSW) 2014 (Supreme Court Roll).

3 Declare that Christopher Charles Dwyer is not a person of good fame and character.

4 Order that the name of Christopher Charles Dwyer be removed from the Supreme Court Roll.

5 Order that Christopher Charles Dwyer pay the applicant's costs of and incidental to these proceedings. Catchwords: LEGAL PRACTITIONERS – Court's inherent jurisdiction for control and discipline of local legal practitioners – application for removal from roll of local lawyers – whether respondent is guilty of professional misconduct – whether a fit and proper person to remain on the Supreme Court roll – whether a person of good fame and character – Legal Profession Uniform Law (NSW), s 22 Legislation Cited: Legal Profession Act 2004 (NSW), ss 4, 5, 6, 14, 15, 32, 46, 497, 501, 590, 660, 696, 720 Legal Profession Uniform Law (NSW), ss 10, 14, 22, 264 Legal Profession Uniform Law Application Act 2014 (NSW), ss 4, 11, 35 Cases Cited: A Solicitor v Council of the Law Society of New South Wales [2004] HCA 1; 216 CLR 453 Council of the Law Society of New South Wales v Australian Injury Helpline Ltd [2008] NSWSC 627; 71 NSWLR 715 The Council of the New South Wales Bar Association v Davison [2006] NSWSC 65 The Council of the NSW Bar Association v Franklin (No 2) [2014] NSWCA 428 Jackson (previously known as Subramaniam) v Legal Practitioners Admission Board [2006] NSWSC 1338 Kekatos v Council of the Law Society of New South Wales [1999] NSWCA 288 New South Wales Bar Association v Cummins [2001] NSWCA 284; 52 NSWLR 279 Prothonotary of the Supreme Court of New South Wales v Livanes [2012] NSWCA 325 Category: Principal judgment Parties: Council of the New South Wales Bar Association (Applicant) Christopher Charles Dwyer (Respondent) Representation: Counsel: K Williams with S Tame (Applicant) M Callanan (Solicitor) (Respondent)