Kekatos v The Council of the Law Society of New South Wales

The appeal concerned alleged contraventions of Part 3A of the *Legal Profession Act 1987* (NSW) by the appellant, Mr. Kekatos, who was found to have held himself out as a solicitor and acted as such without holding a practising certificate. The respondent was the Council of the Law Society of New South Wales. The appeal was heard by Handley, Powell, and Giles JJA in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the findings of contravention were established, whether the trial judge's conduct, including interventions during the hearing and the reasons provided, rendered the trial unfair, and whether an inference adverse to Mr. Kekatos, as contemplated by *Jones v Dunkel*, was open to be drawn.

The Court of Appeal dismissed the appeal, finding that the contraventions were established. The Court reasoned that the trial judge's conduct did not render the trial unfair, and that the *Jones v Dunkel* inference was indeed open. The Court found no error in the trial judge's findings of fact or application of the law.

The Court of Appeal ordered that the time for filing a summons for leave to appeal be extended to 2 October 1998, granted leave to appeal, and ultimately dismissed the appeal with costs.