Guss v Law Institute of Victoria Ltd

[2006] HCATrans 609

[2006] HCATrans 609

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M64 of 2006

B e t w e e n -

JOSEPH GUSS

Applicant

and

LAW INSTITUTE OF VICTORIA LTD (FORMERLY VICTORIAN LAWYERS RPA LTD)

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 9 NOVEMBER 2006, AT 9.29 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant was a legal practitioner, who, in the course of acting for his wife against Geelong Building Society (in liq), failed to make discovery of a survey plan in the course of the litigation, in order to avoid possible prejudice to his wife’s case. A complaint was lodged with the respondent who brought charges against the applicant in the Legal Profession Tribunal established pursuant to s 393 of the Legal Practice Act 1996 (Vic).

The Full Tribunal of the Legal Profession Tribunal ordered that the applicant’s practising certificate be cancelled, that the applicant may not apply for a practising certificate before 1 December 2007, and that the applicant pay the respondent’s costs.

The applicant then appealed to the Court of Appeal of the Supreme Court of Victoria which dismissed the appeal, save in relation to the order for costs.

The applicant now seeks special leave to appeal to this Court.

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

The applicant’s written submissions raise no question of principle which would justify the grant of special leave.  The applicant does not identify any errors in the reasons of the Court of Appeal which would warrant consideration by this 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 9.30 AM THE MATTER WAS CONCLUDED