The Supreme Court of South Australia has quashed a decision of the Legal Practitioners Conduct Board. The Board had imposed a restrictive condition on a legal practitioner's practising certificate under s 82(6)(a)(iii) of the (SA) Legal Practitioners Act 1981 after the practitioner pleaded guilty to a charge of unprofessional conduct. The court concluded the Tribunal's order did not adequately address the seriousness of the practitioner's conduct and that it should have exercised its discretion under s 82(6)(a)(v) to recommend that disciplinary proceedings be commenced against the practitioner in the Supreme Court.
[2009] SASC 347 - 13 November 2009 - Supreme Court of South Australia - Layton J
