Legal Research
Cases
Re Tkacz; Ex parte Tkacz

Re Tkacz; Ex parte Tkacz

Case [2006] WASC 315 5 December 2006

Jurisdiction

Character and Fitness

Mutual Recognition

Inherent Jurisdiction

Administrative Law

Professional Regulation

No judgment structure available for this case.

Type to search within this case.

RE TKACZ; EX PARTE TKACZ [2006] WASC 315

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2006] WASC 315
Court:	FULL BENCH
Case No:	EXP:323/2006	Heard:	5 DECEMBER 2006
Coram:	MARTIN CJ MURRAY J TEMPLEMAN J	Delivered:	4/12/06
No of pages:	30	Judgment Part:	1 of 1
Result:	Admission to practice allowed
Category:	A
PDF Version

Parties:	MICHAEL TKACZ
Catchwords:	Practice and procedure Legal practitioners Application for admission as a legal practitioner pursuant to State and Commonwealth mutual recognition legislation Applicant admitted to practice in New South Wales Where applicant convicted of criminal offence and appeal against that conviction dismissed Where conviction prior to study of law Whether Court retains a power to refuse admission on character grounds even though a practitioner is admitted in another state and has met all the requirements for admission under the mutual recognition legislation
Legislation:	Commonwealth Constitution, s 51(xxxvii), s 118 Legal Practice Act 2003 (WA), s 3, s 27, s 28, s 28(1)(c), s 28(2), s 30, s 35, s 38, Pt 12, s 161 Legal Practitioners Act 1898 (NSW) (repealed), s 10 Mutual Recognition (Western Australia) Act 1995 (WA) Mutual Recognition (Western Australia) Act 2001 (WA) Mutual Recognition Act 1992 (Cth), Div 3 Pt 3, s 17(2), s 18, s 19, s 19(3), s 20, s 20(1), s 20(2), s 20(4), s 21, s 22, s 23, s 24 Supreme Court Ordinance 1861 (WA) (repealed), s 19
Case References:	Gypsy Jokers Motorcycle Club Inc v Commissioner of Police [2007] WASCA 49 In Re Davis (1947) 75 CLR 409 In Re Justices of the Court of Common Pleas at Antigua (1830) 1 Knapp 267 Re Petroulias [2005] 1 Qd R 643 Street v Queensland Bar Association (1989) 168 CLR 461 Tkacz v The State of Western Australia [2005] WASCA 108 Ziems v The Prothonotary of the Supreme Court of New South Wales (1957) 97 CLR 279

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : FULL BENCH CITATION : RE TKACZ; EX PARTE TKACZ [2006] WASC 315 CORAM : MARTIN CJ

MURRAY J

TEMPLEMAN J

HEARD : 5 DECEMBER 2006 DELIVERED : 5 DECEMBER 2006 FILE NO/S : EXP 323 of 2006 MATTER : Application for admission as a legal practitioner by MICHAEL TKACZ II

and

Mutual Recognition (Western Australia) Act 2001

(WA)

EX PARTE

MICHAEL TKACZ

Applicant

Catchwords:

Practice and procedure - Legal practitioners - Application for admission as a legal practitioner pursuant to State and Commonwealth mutual recognition legislation - Applicant admitted to practice in New South Wales - Where applicant convicted of criminal offence and appeal against that conviction dismissed - Where conviction prior to study of law - Whether Court retains a power to refuse admission on character grounds even though a practitioner is

(Page 2)

admitted in another state and has met all the requirements for admission under the mutual recognition legislation

Legislation:

Commonwealth Constitution, s 51(xxxvii), s 118

Legal Practice Act 2003 (WA), s 3, s 27, s 28, s 28(1)(c), s 28(2), s…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Re Tkacz; Ex parte Tkacz

Details

AGLC: Re Tkacz; Ex parte Tkacz [2006] WASC 315
Case: [2006] WASC 315
Decision Date

CaseChat Overview and Summary

The Full Bench of the Supreme Court of Western Australia, Martin CJ, Murray J and Templeman J, was asked to decide whether Michael Tkacz should be admitted to practice in Western Australia as a legal practitioner. Mr Tkacz had been convicted of a criminal offence in 1997, six years before he commenced his legal studies, and had been admitted to practice in New South Wales in 2006. He applied to be admitted in Western Australia under the mutual recognition legislation. The Court held that the mutual recognition legislation did not compel the Court to admit a person who had been admitted in another jurisdiction. The Court's inherent power to determine whether a person was fit and proper to be admitted to practice was not curtailed by the mutual recognition legislation, and the Court exercised its discretion to admit Mr Tkacz to practice in Western Australia.

Orders