David Brian Forster v Legal Services Board

DAVID BRIAN FORSTER
v
LEGAL SERVICES BOARD
[2014] HCASL 20
M45/2013

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.
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.
He now seeks special leave to appeal to this Court against the orders dismissing his appeal to the Court of Appeal.
On 11 February 2014 he applied to have the Court postpone the pronouncement of orders. He advances no arguable ground for taking that course.
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.
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

CaseChat Overview and Summary

David Brian Forster, a legal practitioner, applied for special leave to appeal to the High Court against the decision of the Court of Appeal of the Supreme Court of Victoria. The Court of Appeal had dismissed Forster's appeal against the refusal by the Legal Services Board to renew his practising certificate, on the basis that he was not a fit and proper person to hold such a certificate. The refusal by the Board had itself been upheld by the Victorian Civil and Administrative Tribunal. The central issue before the Court was whether there were arguable grounds to grant Forster special leave to appeal to the High Court, as required by the High Court Rules.

The Court considered that the findings of the Tribunal regarding Forster's candour were central to the decision to refuse renewal of his practising certificate. The Court of Appeal had concluded that these findings were properly made and that the Tribunal's decision was correct. The Court found no basis for doubting the correctness of the Court of Appeal's decision, and thus, there was no prospect of success for Forster's appeal to the High Court. The application for special leave to appeal was, therefore, dismissed.

In accordance with the High Court Rules, the Court directed that the Registrar prepare an order dismissing the application, with Forster to bear the costs. This order was signed and sealed by the Registrar, concluding the proceedings in this matter.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established