The balancing test for stay applications in disciplinary proceedings set out in Woods v The Legal Ombudsman applies equally to disqualification proceedings under s 2.2.6 of the Legal Profession Act 2004 (Vic) involving non-practitioners. The public protection purpose of disqualification extends beyond preventing court appearances to encompass related regulated activities such as conveyancing and the operation of trust accounts. Undertakings not to engage in prohibited conduct are insufficient to protect the public interest where the applicant has a history of dishonest behaviour.
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