David Brian Forster v Legal Services Board

[2014] HCASL 20

DAVID BRIAN FORSTER

v

LEGAL SERVICES BOARD

[2014] HCASL 20
M45/2013

1. The applicant was a legal practitioner.  In September 2010, the respondent refused to renew the applicant's practising certificate on the basis that he was not a fit and proper person to continue to hold a practising certificate.

2. The applicant unsuccessfully sought review of the decision by the Victorian Civil and Administrative Tribunal (Ross J).  He failed in his appeal to the Court of Appeal of the Supreme Court of Victoria (Weinberg and Harper JJA and Kyrou AJA) against the Tribunal's decision.

3. He now seeks special leave to appeal to this Court against the orders dismissing his appeal to the Court of Appeal.

4. On 11 February 2014 he applied to have the Court postpone the pronouncement of orders.  He advances no arguable ground for taking that course.

5. There is no reason to doubt the correctness of the decision of the Court of Appeal.  As that Court rightly observed, the conclusion reached by the Tribunal turned, in important respects, upon the findings which the Tribunal made about the applicant's candour.  An appeal to this Court would enjoy no prospect of success.

6. Pursuant to r 41.11.1 of the High Court Rules 2004 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

K.M. Hayne
12 February 2014 S.M. Crennan