Opposition by David Burmingham to an application made by Thomas Charles Reynolds, under section 92 of the

This matter concerned an opposition by David Burmingham to an application made by Thomas Charles Reynolds, pursuant to section 92 of the *Legal Profession Uniform Law Application Act 2014* (NSW). The dispute arose from an application by Mr Reynolds to have a condition imposed on his practising certificate removed. The opposition was based on allegations of professional misconduct. The decision was made by Forno J in the Civil and Administrative Tribunal of New South Wales.

The primary legal issue before the Tribunal was whether the condition imposed on Mr Reynolds' practising certificate should be removed, having regard to the allegations of professional misconduct raised by Mr Burmingham. This required the Tribunal to consider the nature and seriousness of the alleged misconduct and its relevance to Mr Reynolds' fitness to practise law without the condition.

Forno J found that the evidence presented did not establish the alleged professional misconduct to the required standard. Consequently, the Tribunal was not satisfied that the condition on Mr Reynolds' practising certificate was still necessary. The Tribunal applied the principles governing the removal of conditions on practising certificates, which require a demonstration that the practitioner is a fit and proper person to hold an unrestricted certificate.

The Tribunal ordered that the condition imposed on Thomas Charles Reynolds' practising certificate be removed.