Legal Practitioners Conduct Board v Le Poidevin

In the matter of Legal Practitioners Conduct Board v Le Poidevin, the Legal Practitioners Conduct Board applied to the Supreme Court of South Australia for an order to strike off the defendant's name from the roll of legal practitioners. The application was based on findings by the Legal Practitioners Disciplinary Tribunal, which found the defendant guilty of unprofessional conduct for practising law without a practising certificate, failing to respond to inquiries from the Board, and disregarding statutory notices. The defendant had previously been found guilty of unprofessional conduct and suspended from practice for two years.

The primary legal issue before the court was whether the defendant's conduct warranted the striking off of his name from the roll of legal practitioners. The court considered the seriousness of the defendant's conduct, which included practising without a certificate, failing to respond to the Board's inquiries, and disregarding statutory notices, in light of the defendant's previous disciplinary history. The court also considered the need to protect the public, the legal profession, and the administration of justice.

The court found that the defendant's conduct demonstrated a complete disregard for the authority of the court and the bodies responsible for ensuring professional standards. The court concluded that the defendant was not fit and proper to remain a legal practitioner. The Full Court agreed that striking off the defendant's name from the roll of legal practitioners was the appropriate order to protect the public, the legal profession, and the administration of justice.

The orders of the court were that the defendant's name be removed from the roll of practitioners and that the defendant pay the Board's costs of the application.