Hilton v Legal Profession Admission Board

• 1. Legal Practitioners
  2. › Admission and readmission
  3. › Application for compliance certificate
  4. › Fit and proper person
  5. › Applicant removed from roll following conviction for conspiracy to corrupt Minister
  6. › Heavy burden on applicant to demonstrate rehabilitation
  7. › Whether 34 years of blameless conduct sufficient to discharge burden
  8. › Whether primary judge's evaluative conclusion open on the evidence
  9. › Legal Profession Uniform Law (NSW), ss 16, 17, 19, 26, 28
• 1. Appeal
  2. › Standard of appellate review
  3. › Appeal from evaluative judgment on fitness and propriety
  4. › Whether appeal governed by House v The King or Warren v Coombes principles
  5. › Constraints on appellate review of evaluative conclusions
  6. › Deference to trial judge's advantage in assessing demeanour
  7. › Supreme Court Act 1970 (NSW), s 101(2)
• 1. Evidence
  2. › Admissibility
  3. › Evidence not objected to at trial
  4. › Whether s 91 of Evidence Act 1995 (NSW) applies to evidence tendered without objection
  5. › Whether new objection may be raised on appeal
  6. › Evidence Act 1995 (NSW), s 91
• 1. Appeal
  2. › New arguments on appeal
  3. › Whether party may raise new argument on appeal that could have been met by evidence at trial
  4. › Suttor v Gundowda Pty Ltd

Quick Take