Council of the New South Wales Bar Association v Franklin (No 2)

The Council of the New South Wales Bar Association applied to the Supreme Court of New South Wales for the removal of Craig Andrew Franklin's name from the roll of lawyers. The dispute arose from Mr. Franklin's conviction for serious criminal offences, including aggravated sexual assault, and his subsequent denial of these offences under oath. The matter was heard by Beazley P, Meagher and Leeming JJA.

The central legal issues before the court were whether Mr. Franklin, having been convicted of serious criminal offences and having given false evidence on oath denying those offences, was of good fame and character, guilty of professional misconduct, and presently a fit and proper person to remain on the roll of lawyers. The court was required to consider the implications of his criminal convictions and his conduct during the trial and sentencing hearings under section 32 of the Legal Profession Act 2004 (NSW).

The court reasoned that Mr. Franklin's convictions for aggravated sexual assault and other serious offences, coupled with his false testimony under oath denying his guilt, demonstrated a profound lack of probity and integrity. The court found that his conduct, both the criminal acts and the subsequent perjury, rendered him not a fit and proper person to remain on the roll of lawyers. Consequently, the court declared that Mr. Franklin was not a fit and proper person to remain on the roll and ordered that his name be removed from the roll of lawyers of the Supreme Court of New South Wales. The court also ordered Mr. Franklin to pay the applicant's costs.