Prothonotary of the Supreme Court of New South Wales v McCaffery

The Prothonotary of the Supreme Court of New South Wales brought proceedings against Mr. McCaffery, a legal practitioner, seeking to have him struck off the Roll of Legal Practitioners. The dispute concerned Mr. McCaffery's practice as a barrister without holding a current practising certificate, and his holding himself out as a barrister on multiple occasions during the period between August 2002 and December 2003. The matter was heard in the Supreme Court of New South Wales, Court of Appeal.

The court was required to determine whether Mr. McCaffery's actions constituted professional misconduct under the *Legal Profession Act 1987* (NSW). Specifically, the court had to consider whether his practice as a barrister without a practising certificate, and his representations that he was a barrister, were done "wilfully and without reasonable excuse." Furthermore, the court needed to assess whether, by reason of these actions, Mr. McCaffery was a fit and proper person to remain on the Roll of Legal Practitioners.

The court found that Mr. McCaffery had engaged in professional misconduct on 29 occasions by practising as a barrister while not holding a current practising certificate. It also found him guilty of professional misconduct for holding himself out as a barrister on several occasions, including by issuing tax invoices that described him as a barrister-in-law or barrister-at-law, and by permitting his name to be published in legal directories as a barrister. The court reasoned that these actions demonstrated a disregard for the statutory requirements governing legal practice and concluded that, by reason of this misconduct, Mr. McCaffery was not a fit and proper person to remain on the Roll.

Consequently, the court declared Mr. McCaffery guilty of professional misconduct and ordered that his name be removed from the Roll of Legal Practitioners of the Supreme Court of New South Wales.