Legal Services Board v McGrath

The Legal Services Board brought an application to have a defendant struck off the Roll of Practitioners. The defendant had been convicted of child pornography offences and the Board sought to have the defendant struck off on the basis that they were not a fit and proper person to hold a practising certificate. The application was brought under section 2.4.42 of the Legal Profession Act 2004. The matter was heard in the Supreme Court of Victoria. The central legal issue was whether the defendant was a fit and proper person to hold a practising certificate at the time of the hearing, despite their prior convictions. The court considered whether the Board had provided sufficient evidence to prove that the defendant was not a fit and proper person. The court also considered whether the evidence was admissible, particularly in light of the fact that the defendant's criminal convictions were the subject of an appeal at the time of the hearing. The court found that the Board had not provided sufficient evidence to prove that the defendant was not a fit and proper person to hold a practising certificate. The court found that the hearsay evidence that the Board relied upon was inadmissible, as it was evidence of criminal convictions that was subject of an appeal at the time of the hearing. The court found that the Board's failure to adduce sufficient evidence in admissible form was fatal to their application. The application was therefore refused. The court did not make any orders.