In the Matter of Claire Amy Morel
Case
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[2015] SASCFC 20
•27 February 2015
Details
AGLC
Case
Decision Date
In the Matter of Claire Amy Morel [2015] SASCFC 20
[2015] SASCFC 20
27 February 2015
CaseChat Overview and Summary
The Supreme Court of South Australia considered an application by Claire Amy Morel for readmission to practice as a barrister and solicitor. Ms Morel had previously been struck off the roll of legal practitioners. The court's decision concerned the conditions under which she could be readmitted and practice law.
The central legal issue before the court was whether Ms Morel should be readmitted to practice, and if so, what conditions should be imposed on her future practice to ensure public confidence and protect the administration of justice, given her prior removal from the roll.
The court found that Ms Morel had acted appropriately in her subsequent employment within legal offices. However, it determined that readmission should be subject to significant conditions. Ms Morel was to be admitted as a barrister and solicitor, but she was prohibited from practising as a principal for a minimum of five years, during which time she must be supervised by a legal practitioner with an unrestricted practising certificate. Following this supervised period, she would require a further court order before practising on her own account. Additionally, within twelve months of receiving her practising certificate, she must complete specific refresher courses and comply with continuing professional development requirements.
The central legal issue before the court was whether Ms Morel should be readmitted to practice, and if so, what conditions should be imposed on her future practice to ensure public confidence and protect the administration of justice, given her prior removal from the roll.
The court found that Ms Morel had acted appropriately in her subsequent employment within legal offices. However, it determined that readmission should be subject to significant conditions. Ms Morel was to be admitted as a barrister and solicitor, but she was prohibited from practising as a principal for a minimum of five years, during which time she must be supervised by a legal practitioner with an unrestricted practising certificate. Following this supervised period, she would require a further court order before practising on her own account. Additionally, within twelve months of receiving her practising certificate, she must complete specific refresher courses and comply with continuing professional development requirements.
Details
Key Legal Topics
Areas of Law
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Administrative Law
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Equity & Trusts
Legal Concepts
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Judicial Review
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Procedural Fairness
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Standing
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Remedies
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Statutory Construction
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Most Recent Citation
In the Matter Of Lisa Jane Barrett (No 2) [2021] SASCFC 38
Cases Citing This Decision
3
In the Matter of Ryan Raygan
[2025] SASCFC 4
RYAN RAYGAN
[2023] SASCFC 1
In the Matter Of Lisa Jane Barrett (No 2)
[2021] SASCFC 38
Cases Cited
8
Statutory Material Cited
1
The Council of the New South Wales Bar Association v Sahade
[2007] NSWCA 145
Legal Practitioners Conduct Board v Morel
[2004] SASC 168
Prothonotary of the Supreme Court of NSW v Alcorn
[2007] NSWCA 288