Jordan v Crown Solicitor

[2018] SASCFC 9

SUPREME COURT OF SOUTH AUSTRALIA

(Full Court: Permission to Appeal in Private)

JORDAN v CROWN SOLICITOR

[2018] SASCFC 9

Judgment of The Full Court

(The Honourable Chief Justice Kourakis, The Honourable Justice Kelly and The Honourable Justice Blue)

22 February 2018

PROFESSIONS AND TRADES - LAWYERS - UNQUALIFIED PERSONS AND DISQUALIFIED PRACTITIONERS - ACTING AS SOLICITOR

PROFESSIONS AND TRADES - LAWYERS - UNQUALIFIED PERSONS AND DISQUALIFIED PRACTITIONERS - GENERALLY

CRIMINAL LAW - PROCEDURE - JURISDICTION - WHERE QUESTION OF EXTRA-TERRITORIALITY RAISED - LOCALITY OF CRIME

Application for permission to appeal against the judgment of a Judge of the Supreme Court of South Australia, dismissing the applicant’s appeal against his conviction of an offence of holding himself out to be a legal practitioner when he was not qualified to do so, contrary to s 21 of the Legal Practitioners Act 1981 (SA).

Held, per Curiam (Kourakis CJ, Kelly and Blue JJ):

1.       Permission to appeal is granted.

Legal Practitioners Act 1981 (SA) s 21, referred to.

JORDAN v CROWN SOLICITOR
[2018] SASCFC 9

Application for Permission to Appeal in Private

Full Court:  Kourakis CJ, Kelly and Blue JJ

1. THE COURT:      This is an application for permission to appeal against the judgment of a Judge of this Court dismissing the applicant’s appeal against his conviction of an offence of holding himself out to be a legal practitioner when he was not qualified to do so, contrary to s 21(1) of the Legal Practitioners Act 1981 (SA) (the LPA).

2. The conduct constituting the holding out was the sending of a letter addressed to a person residing in Western Australia.

3. The application raises some questions of public importance concerning the application of s 21 of the LPA to interstate facts and circumstances.

4. Permission to appeal is granted.