Council of the New South Wales Bar Association v Costigan

The Council of the New South Wales Bar Association applied to the Supreme Court of New South Wales to strike the respondent, Mr Costigan, from the Roll of legal practitioners. The dispute concerned allegations of professional misconduct arising from Mr Costigan's dealings with trust moneys received in advance for legal costs, and his practice of law without holding a valid practising certificate, which constituted contraventions of section 252 of the *Legal Profession Act 2004* (NSW).

The Court was required to determine whether Mr Costigan's conduct amounted to professional misconduct, whether he was a fit and proper person to remain on the Roll, and whether he possessed the requisite good fame and character. These determinations were central to the application to remove him from the Roll of legal practitioners.

The Court found Mr Costigan guilty of professional misconduct, concluding that he was not a fit and proper person to remain on the Roll and lacked the good fame and character necessary for admission as a lawyer. Consequently, the Court ordered the removal of Mr Costigan's name from the Roll and directed him to pay the applicant's costs of the proceedings.