Council of the Law Society of New South Wales v Kinchington

The Council of the Law Society of New South Wales applied to the Court of Appeal of New South Wales for the removal of Michael Leon Kinchington from the roll of Australian lawyers. The dispute concerned allegations of professional misconduct arising from Mr Kinchington forging a client's signature on a costs agreement and his subsequent conviction for publishing a false statement to obtain a financial advantage.

The Court was required to determine whether Mr Kinchington's conduct constituted professional misconduct, whether he was a person of good fame and character, and consequently, whether his name should be removed from the roll of Australian lawyers.

The Court found that Mr Kinchington's actions, including the forgery and the conviction, demonstrated a serious breach of his professional obligations and a lack of integrity. Applying the principles of professional responsibility and the requirements for admission and continued practice as a lawyer, the Court concluded that Mr Kinchington was not a person of good fame and character and was not a fit and proper person to remain on the roll.

Accordingly, the Court declared that Mr Kinchington had been guilty of professional misconduct and was not a fit and proper person to remain on the roll of Australian lawyers. The Court ordered that his name be removed from the roll and that he pay the Law Society's costs of the proceedings.