Council of the New South Wales Bar Association v Biscoe [2017] NSWCA 286

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Council of the New South Wales Bar Association v Biscoe [2017] NSWCA 286 Hearing dates: 2 November 2017 Decision date: 09 November 2017 Before: Basten JA; Leeming JA; Sackville AJA Decision: (1) Declare that Craig Anthony Peter Biscoe has been guilty of professional misconduct.

(2) Declare that Craig Anthony Peter Biscoe is not a person of good fame and character and is not a fit and proper person to remain on the roll of Australian lawyers maintained by the Court pursuant to s 22 of the Legal Profession Uniform Law.

(3) Order that the name of Craig Anthony Peter Biscoe be removed from the roll.

(4) Order that Craig Anthony Peter Biscoe pay the costs of the Council of the New South Wales Bar Association of these proceedings.

(5) Direct that the Council of the New South Wales Bar Association serve on Mr Biscoe a copy of this judgment. Catchwords: LEGAL PROFESSION – barrister continuing to practise without renewing practising certificate – barrister made false and misleading statements to clients, solicitors, courts and Legal Aid – application in inherent jurisdiction to remove barrister from roll – Court satisfied of unfitness to practise Legislation Cited: Legal Profession Act 2004 (NSW), ss 41, 60 Legal Profession Uniform Law Application Act 2014 (NSW), s 4 Legal Profession Uniform Law (NSW), ss 10, 11, 211, 464 Legal Profession Uniform General Rules 2015 (NSW), rr 13, 111 Cases Cited: Council of the New South Wales Bar Association v Costigan [2013] NSWCA 407 Council of the Law Society of New South Wales v Kinchington [2017] NSWCA 278 Category: Principal judgment Parties: Council of the New South Wales Bar Association (Applicant) Craig Anthony Peter Biscoe (Respondent) Representation: Counsel: C Webster SC (Applicant)