Council of the Law Society of New South Wales v Karimjee

[2021] NSWCA 179

NSW Court of Appeal

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Interrogate

Catchwords

1. Legal Practitioners
2. › Disciplinary proceedings
3. › Removal from roll
4. › Conviction for offence of perverting the course of justice
5. › Whether probably permanently unfit to practise
6. › Whether solicitor's obligation not to interfere with course of justice violated
7. › Legal Profession Uniform Law (NSW), s 22
8. › Crimes Act 1900 (NSW), s 319
1. Practice and Procedure
2. › Suppression and non-publication orders
3. › Whether necessary to suppress name of legal practitioner in disciplinary proceedings
4. › Public interest in open justice in professional disciplinary proceedings
5. › Whether order futile where name already published in publicly available judgments
6. › Court Suppression and Non-publication Orders Act 2010 (NSW), ss 7, 8

Quick Take

The Court has emphasised strongly that suppression of a legal practitioner's name in disciplinary proceedings is inconsistent with the public interest in open justice, and that a conviction for perverting the course of justice will ordinarily result in a finding of probable permanent unfitness to practise.