Rudy Noel Frugtniet v Law Institute of Victoria Ltd

[2012] HCASL 162

RUDY NOEL FRUGTNIET

v

LAW INSTITUTE OF VICTORIA LTD

[2012] HCASL 162
M90/2012

1. The applicant is not and never has been an Australian legal practitioner. In April 2011, the Victorian Civil and Administrative Tribunal ordered, pursuant to s 2.2.6(2) of the Legal Profession Act 2004 (Vic), that the applicant is a disqualified person for the purposes of Div 3 of Pt 2.2 of that Act for a period of three years.

2. The applicant sought leave to appeal against that order (and an associated costs order) to the Court of Appeal of the Supreme Court of Victoria. That Court (Warren CJ, Nettle JA and Beach AJA) set aside the Tribunal's order as to costs and a finding of contempt that the Tribunal had made, but otherwise dismissed his appeal. He now seeks special leave to appeal to this Court to contend (among other things) that s 2.2.6 of the Legal Profession Act 2004 did not apply to him. He also alleges that the Court of Appeal denied him procedural fairness by not taking account of written submissions he filed, without leave, after the conclusion of oral argument of his proceedings in that Court at which he had been represented by senior and junior counsel.

3. The allegation of want of procedural fairness is without foundation.  There is no reason to doubt the correctness of the conclusions reached by the Court of Appeal.  An appeal to this Court would enjoy no prospect of success.

4. Pursuant to r 41.10.5 of the High Court Rules 2004 the Registrar is directed to draw up, sign and seal an order that the application for special leave is dismissed.

K.M. Hayne
5 December 2012 S.M. Crennan