Legal Practice Board v Clohessy

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LEGAL PRACTICE BOARD -v- CLOHESSY [2006] WASC 21



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2006] WASC 21
Case No:CIV:2066/20052 FEBRUARY 2006
Coram:EM HEENAN J2/02/06
10Judgment Part:1 of 1
Result: Declaration of contempt following plea of guilty
Fined $1000
B
PDF Version
Parties:LEGAL PRACTICE BOARD
RAYMOND WALTER CLOHESSY

Catchwords:

Legal practitioners
Unqualified persons
Contempt of court
Preparing and initiating application under Corporations Act for leave to proceed against a company in administration
Leave needed to continue application in State Industrial Commission
Application made by registered "industrial agent"
Plea of guilty
Fine imposed

Legislation:

Corporations Act 2001 (Cth)
Industrial Relations Act 1979 (WA)
Interpretation Act 1984 (WA)
Legal Practice Act 2003 (WA)
Legal Practitioners Act 1893 (WA)

Case References:

Nil
Cornall v Nagle [1995] 2 VR 188
Legal Practice Board v Adams [2001] WASC 78
Legal Practice Board v Taylor [2005] WASC 242

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CHAMBERS
CITATION : LEGAL PRACTICE BOARD -v- CLOHESSY [2006] WASC 21 CORAM : EM HEENAN J HEARD : 2 FEBRUARY 2006 DELIVERED : 2 FEBRUARY 2006 FILE NO/S : CIV 2066 of 2005 BETWEEN : LEGAL PRACTICE BOARD
    Applicant

    AND

    RAYMOND WALTER CLOHESSY
    Respondent



Catchwords:

Legal practitioners - Unqualified persons - Contempt of court - Preparing and initiating application under Corporations Act for leave to proceed against a company in administration - Leave needed to continue application in State Industrial Commission - Application made by registered "industrial agent" - Plea of guilty - Fine imposed




Legislation:

Corporations Act 2001 (Cth)


Industrial Relations Act 1979 (WA)
Interpretation Act 1984 (WA)
Legal Practice Act 2003 (WA)
Legal Practitioners Act 1893 (WA)

(Page 2)

Result:

Declaration of contempt following plea of guilty


Fined $1000


Category: B


Representation:


Counsel:


    Applicant : Mr B J H Goetze
    Respondent : In person


Solicitors:

    Applicant : Minter Ellison
    Respondent : In person



Case(s) referred to in judgment(s):

Nil

Case(s) also cited:



Cornall v Nagle [1995] 2 VR 188
Legal Practice Board v Adams [2001] WASC 78
Legal Practice Board v Taylor [2005] WASC 242


(Page 3)

1 EM HEENAN J: The motion before the court is that the respondent, Raymond Walter Clohessy, should be punished for contempt of court in that, not being a duly certificated legal practitioner, he did, during the period from about October to November 2003 or thereabouts, at Perth directly or indirectly:

    (a) sue out or commence and carry on proceedings in the Supreme Court of Western Australia, being an application by originating process, namely proceeding number COR 353 of 2003 between Anthony Sebastian Paterniti as plaintiff and Catering Concepts Australia Pty Ltd, (administrators appointed) as the first defendant, and John Osborn, director, second defendant, proceedings referred to as "the action";

    (b) alternatively to subpar (a) that he performed, carried out or engaged in work in connection with the administration of law in obtaining and acting on instructions from Anthony Sebastian Paterniti to sue out, commence or carry…

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Details
Case
[2006] WASC 21
Decision Date

CaseChat Overview and Summary

The Supreme Court of Western Australia was presented with a case where the Legal Practice Board sought a declaration of contempt against Raymond Walter Clohessy for engaging in legal activities without being a certified legal practitioner. The allegations against Clohessy included preparing and initiating an application under the Corporations Act for leave to proceed against a company in administration, a task that required legal expertise and authorisation. Clohessy, who was a registered "industrial agent," pleaded guilty to the charge of contempt of court.

The court had to determine the appropriate sanction for Clohessy's actions, which involved preparing legal documents and initiating court proceedings outside the scope of his authorised activities as an industrial agent. The primary consideration was the protection of the public, ensuring that legal advice and document preparation were conducted by qualified individuals. The court emphasised the importance of maintaining ethical standards and the responsibilities that come with appearing before the court as a legal practitioner.

After considering the evidence and the submissions made by both parties, the court concluded that Clohessy's actions, though possibly well-intentioned, were unauthorised and constituted a breach of the Legal Practitioners Act. The court imposed a fine of $1000 on Clohessy and ordered him to pay the Legal Practice Board's costs of the application, which would be taxed separately. The court's decision underscored the necessity of adhering to legal regulations and the potential consequences of unauthorised legal practice.

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