Saunders v Legal Profession Admission Board [2015] NSWSC 1839

Supreme Court New South Wales

Medium Neutral Citation: Saunders v Legal Profession Admission Board [2015] NSWSC 1839 Hearing dates: 25 November 2015 Date of orders: 04 December 2015 Decision date: 04 December 2015 Jurisdiction: Common Law Before: Schmidt J Decision: Parties to be heard as to the appropriate orders to be made, which appear to be that: (1) The appeal is allowed. (2) The Legal Profession Admission Board's decision of 17 February 2015 is set aside. (3) This order has the same effect as a compliance certificate provided to the Court by the Legal Profession Admission Board. Catchwords: APPEAL – appeal against decision given by the Legal Profession Admission Board – refusal of certificate – guilty plea to an offence under s 135.2(i) of the Criminal Code (Cth) – role of the Law Society – amicus curiae – credibility – scheme of the Legal Profession Uniform Law Application Act 2014 (NSW) – fit and proper person to be admitted to practice in New South Wales – 2009 offending – failed application for admission in Northern Territory – good fame and character – plaintiff found to be fit and proper person to practice law – appeal allowed Legislation Cited: Commonwealth Criminal Code Act Evidence Act 1995 (NSW) Legal Profession Act 1987 (NSW) (repealed) Legal Profession Act 2004 (NSW) (repealed) Legal Profession Uniform Law 2014 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Legal Profession Uniform Rules 2015 (NSW) Cases Cited: Jackson (previously known as Subramaniam) v Legal Practitioners Admission Board [2006] NSWSC 1338 In the matter of an application by Thomas John Saunders [2011] NTSC 63 Re B (1981) 2 NSWLR Re Deo [2005] NTSC 58; (2005) 16 NTLR 102 Wentworth v New South Wales Bar Association [1992] HCA 24; (1992) 176 CLR 239 Category: Principal judgment Parties: Thomas John Saunders (Plaintiff) Legal Profession Admission Board (Defendant) Representation: Counsel: Mr T Lynch SC with Ms M Dewan (Plaintiff) Ms T M Power (Amicus Curiae)