Legal Profession Conduct Commissioner v Fowler

The Legal Profession Conduct Commissioner appealed a decision of a single judge who had granted Mr. Fowler, a legal practitioner, permission to continue practising with a trust account despite his bankruptcy. The dispute concerned whether Mr. Fowler was a fit and proper person to hold a practising certificate authorising him to operate a trust account, given his past financial difficulties and the circumstances surrounding the appointment of a supervisor to his trust account in 2009.

The court was required to determine whether the primary judge erred in finding that Mr. Fowler was a fit and proper person to practise with a trust account, notwithstanding his bankruptcy. Specifically, the appeal raised questions about whether the judge had given sufficient weight to the irregularities in Mr. Fowler's trust account management prior to his bankruptcy and whether Mr. Fowler had demonstrated sufficient candour in his dealings with the Law Society.

The Full Court of the Supreme Court of South Australia dismissed the appeal. The court reasoned that while dishonesty would have been a significant impediment to Mr. Fowler continuing to practise with a trust account, the judge had not found him to be dishonest. The court found that the judge had properly considered all relevant factors, including the past irregularities and Mr. Fowler's subsequent conduct, which included diligent adherence to trust accounting procedures and the absence of significant irregularities identified by auditors since 2011. The court also found that the judge had not drawn adverse inferences regarding Mr. Fowler's candour that were contended for by the Commissioner.

The appeal was dismissed, and permission to appeal was granted.