Legal Practitioners Conduct Board v Clisby

The Legal Practitioners Conduct Board applied to the Supreme Court of South Australia for an order striking the name of the legal practitioner, Mr. Clisby, from the roll of legal practitioners. This application followed findings by the Legal Practitioners Disciplinary Tribunal that Mr. Clisby had engaged in unprofessional conduct in relation to 12 clients concerning migration law between 2003 and 2004. The Board sought this order despite Mr. Clisby's continued practice since the time of the conduct.

The central legal issues before the Court were whether Mr. Clisby's name should be struck off the roll of legal practitioners, or alternatively, whether conditions should be imposed on his practising certificate, or if any other sanction was appropriate, given the findings of unprofessional conduct and his subsequent continuation in practice. The Court was required to consider the seriousness of the conduct, the public interest, and the object of disciplinary proceedings, which is the protection of the public rather than the punishment of the practitioner.

The Court acknowledged that Mr. Clisby's conduct in 2003-2004 was indeed unprofessional and could have warranted striking him off the roll at that time. However, the Court also noted the significant delays in the matter reaching this stage and that Mr. Clisby had continued to practice competently and professionally for approximately seven to eight years since the conduct occurred. While one judge expressed an inclination to allow him to continue practice under strict supervision, the majority considered that a period of suspension was necessary to properly recognise the seriousness of his conduct and to uphold public confidence in the legal profession.

Consequently, the Court ordered that Mr. Clisby be suspended from practice for a limited period.