Council of the Law Society of New South Wales v Kim

The Council of the Law Society of New South Wales applied to the Supreme Court of New South Wales for orders removing Jinhi Kim from the Roll of Australian lawyers, alleging dishonest and unlawful conduct. The dispute centred on whether Mr. Kim's actions constituted professional misconduct and whether he remained a fit and proper person to practise law.

The Court was required to determine whether Mr. Kim was guilty of professional misconduct, whether he was a person of good fame and character, and consequently, whether he was a fit and proper person to remain on the Roll of Australian lawyers. The Court also considered the application of its inherent jurisdiction in assessing the totality of Mr. Kim's conduct.

In reaching its decision, the Court evaluated the entirety of Mr. Kim's conduct, applying principles of professional responsibility and fitness to practice. The Court found that Mr. Kim's actions demonstrated a lack of probity and integrity, leading to the conclusion that he was guilty of professional misconduct. This finding directly impacted the Court's assessment of his character and suitability to remain on the Roll.

The Court declared that Jinhi Kim was guilty of professional misconduct, was not a person of good fame and character, and was not a fit and proper person to remain on the Roll of Australian lawyers. Accordingly, the Court ordered that Mr. Kim's name be removed from the Roll and that he pay the Law Society's costs of the proceedings.