Council of the New South Wales Bar Association v Dwyer

The Council of the New South Wales Bar Association applied to the Supreme Court of New South Wales for orders removing Christopher Charles Dwyer from the roll of local lawyers. The dispute concerned whether Mr. Dwyer was guilty of professional misconduct and, consequently, whether he was a fit and proper person to remain on the roll, considering his character and reputation. The matter was heard by Basten, Ward, and Emmett JJA.

The Court was required to determine whether Mr. Dwyer's conduct constituted professional misconduct under the Legal Profession Uniform Law (NSW). Central to this was the question of whether he was a person of good fame and character, which is a prerequisite for remaining on the Supreme Court roll. The Court had to assess his fitness and propriety to continue as a legal practitioner in light of the alleged misconduct.

The Court found Mr. Dwyer guilty of professional misconduct, concluding that he was not a fit and proper person to remain on the Supreme Court roll and was not a person of good fame and character. Consequently, the Court ordered the removal of Mr. Dwyer's name from the roll and directed him to pay the applicant's costs.