Prothonotary of the Supreme Court of New South Wales v McCaffery

[2004] NSWCA 470

NSW Court of Appeal

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Interrogate

Catchwords

1. Legal Practitioners
2. › Professional misconduct
3. › Practising without a practising certificate
4. › Whether done 'wilfully and without reasonable excuse'
5. › Whether depression and financial hardship constituted 'reasonable excuse'
6. › Legal Profession Act 1987 (NSW), ss 25(1), (2), (4)
1. Legal Practitioners
2. › Fitness to practise
3. › Whether fit and proper person to remain on the Roll
4. › Deliberate course of deceit over 18 months
5. › Removal from Roll of Legal Practitioners
6. › Legal Profession Act 1987 (NSW), s 171M
1. Legal Practitioners
2. › Disciplinary proceedings
3. › Court's duty to satisfy itself of appropriateness of declarations and orders
4. › Opponent not opposing relief
5. › Standard of proof in disciplinary proceedings

Quick Take

Depression and financial hardship do not constitute a 'reasonable excuse' under s 25(4) of the Legal Profession Act 1987 (NSW) where the practitioner was at no time incapable of understanding the requirement to obtain a practising certificate. A deliberate course of practising without a practising certificate over 18 months, involving deceit of courts, clients and colleagues, will result in removal from the Roll.