Gargan v Ellis as Director of Public Prosecutions Tasmania

[2006] HCATrans 360

[2006] HCATrans 360

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Hobart  No H4 of 2005

B e t w e e n -

ELLEN MARY GARGAN

Applicant

and

TIMOTHY JAMES ELLIS AS DIRECTOR OF PUBLIC PROSECUTIONS TASMANIA

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 2 AUGUST 2006, AT 9.38 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant seeks special leave to appeal against orders of the Full Court of the Supreme Court of Tasmania.

The applicant was convicted in the Magistrates Court on a charge of unlawfully practising as a conveyancer, in contravention of s 54(1)(f) of the Legal Profession Act 1993 (Tas).  This section provides:

“A person who is not admitted under Part 5 as a legal practitioner must not –
           ...

(f)for fee or reward, prepare or assist in preparing any deed or will or any instrument in writing purporting to create or convey any estate or interest in real or personal property or otherwise practise the business of a conveyancer.”

The Full Court of the Supreme Court of Tasmania unanimously dismissed the applicant’s appeal from the decision of a single judge of that Court (Blow J), dismissing a motion to review the applicant’s conviction.

Because the applicant is unrepresented, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

We see no reason to doubt the correctness of the conclusions reached by Blow J or by the Full Court.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. I publish that disposition.

AT 9.39 AM THE MATTER WAS CONCLUDED