New South Wales Bar Association v Cummins

(2001) 52 NSWLR 279; [2001] NSWCA 284

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Legal Practitioners
2. › Professional discipline
3. › Professional misconduct
4. › Conduct outside course of practice
5. › Whether failure to lodge taxation returns for thirty-eight years constitutes professional misconduct
6. › Whether professional misconduct confined to conduct in course of practice
1. Legal Practitioners
2. › Professional discipline
3. › Fitness to practise
4. › Whether declaration that barrister not fit and proper person should be made
5. › Whether declaration serves public interest where removal order already made by consent
1. Legal Practitioners
2. › Professional discipline
3. › Removal from Roll
4. › Inherent jurisdiction of Supreme Court
5. › Declarations accompanying removal order
6. › Public interest in formal recording of basis for removal
7. › Legal Profession Act 1987 (NSW), ss 4, 5, 171M

Quick Take

Professional misconduct is not confined to conduct occurring in the course of professional practice. It extends to conduct sufficiently closely connected with actual practice, or conduct manifesting the presence or absence of qualities incompatible with or essential for the conduct of practice. Prolonged and systematic failure to lodge taxation returns by a legal practitioner constitutes professional misconduct on both bases. The Queensland approach in Re Wheeler and Queensland Law Society v Smith confining professional misconduct to conduct in the course of practice is not followed in New South Wales.