Council of the New South Wales Bar Association v Biscoe

The Council of the New South Wales Bar Association applied to the Court of Appeal of New South Wales for orders removing Craig Anthony Peter Biscoe from the roll of Australian lawyers. The dispute concerned Mr Biscoe's conduct, including continuing to practise as a barrister without a valid practising certificate and making false and misleading statements to clients, solicitors, courts, and Legal Aid.

The Court was required to determine whether Mr Biscoe had been guilty of professional misconduct and, consequently, whether he was a person of good fame and character and a fit and proper person to remain on the roll of Australian lawyers. The Council sought these declarations and orders under the Court's inherent jurisdiction.

The Court found that Mr Biscoe's conduct constituted professional misconduct. It was satisfied that his actions, particularly his continued practice without a practising certificate and his repeated false and misleading statements, demonstrated a lack of probity and integrity. This conduct rendered him unfit to practise law and not a person of good fame and character.

Accordingly, the Court declared that Mr Biscoe 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 costs of the Council of the New South Wales Bar Association.