Smyrnis v Legal Practitioners Admission Board and 1 Ors

The proceedings before the Court of Appeal of New South Wales involved an application by the Legal Practitioners Admission Board (the First Respondent) seeking declarations that the Claimant, Mr. Smyrnis, had been guilty of professional misconduct and was not a fit and proper person to remain on the Roll of Legal Practitioners. The Court was also asked to order the removal of Mr. Smyrnis's name from the Roll. The Second Respondent, the Law Society of New South Wales, was also a party to the proceedings.

The central legal issues before the Court were whether Mr. Smyrnis had engaged in professional misconduct, and if so, whether he should be struck off the Roll of Legal Practitioners. Ancillary issues arose concerning the appropriate costs orders, particularly given that the proceedings were initially commenced in the incorrect division of the Court and a proper party was not initially joined. The Court also considered whether a certificate under s 128 of the Evidence Act should be granted.

The Court found that Mr. Smyrnis had been guilty of professional misconduct and was not a fit and proper person to be on the Roll. The Court reasoned that his conduct warranted the most severe penalty available. Consequently, the Court ordered that Mr. Smyrnis's name be struck off the Roll of Legal Practitioners. The Court also made orders regarding costs, directing Mr. Smyrnis to pay the costs of both the First and Second Respondents, with the costs of the Second Respondent assessed at $6,000.