Legal Services Commissioner v Nguyen

The Legal Services Commissioner sought an order for the removal of the defendant, Mr Nguyen, from the roll of legal practitioners. The defendant was found by the Victorian Civil and Administrative Tribunal to have conducted a legal practice in breach of or without the relevant practising certificate and to have given false statements regarding certain misconduct. The Commissioner's application was heard by the Supreme Court of Victoria, which was required to determine whether Mr Nguyen was a fit and proper person to practise law, as required by section 4.4.17(a) of the Legal Profession Act 2004 (Vic).

The court examined the evidence and submissions presented by both parties to assess whether Mr Nguyen's conduct and false statements demonstrated that he was unfit to practise law. The court considered whether Mr Nguyen's conduct was egregious enough to warrant removal from the roll of legal practitioners, and whether there were any mitigating factors that should be taken into account. The court was also required to determine whether the defendant's conduct had caused harm or had the potential to cause harm to the public or the administration of justice.

After considering the evidence and submissions, the court found that Mr Nguyen's conduct and false statements were serious breaches of the legal profession's standards and demonstrated that he was not a fit and proper person to practise law. The court found that Mr Nguyen's conduct had the potential to cause harm to the public and the administration of justice, and that his conduct was egregious enough to warrant removal from the roll of legal practitioners. The court made an order for Mr Nguyen's removal from the roll of legal practitioners, effective immediately.