The Law Society of SA v Ardalich No. Scgrg-00-588

[2000] SASC 270

THE LAW SOCIETY OF SOUTH AUSTRALIA v ARDALICH
[2000] SASC 270

Full Court:  Perry, Nyland and Martin JJ

1. PERRY J. (ex tempore) In this matter, the Law Society of South Australia brings an application pursuant to s 89(2) of the Legal Practitioners Act 1981, seeking an order as to the respondent, a practitioner, that his right to practise be suspended until further order, or alternatively that he be suspended from holding or obtaining a practising certificate until further order.

2. He has not appeared at the hearing of the application this morning, having intimated that he had no wish to appear. Separately, he has indicated that he has no opposition to the making of one or other of the orders sought in the application.

3. It appears that he does not hold a current practising certificate, having voluntarily failed to renew it.

4. He currently faces disciplinary proceedings before the Tribunal and also, separately, criminal charges before both the District Court and the Magistrates Court.

5. The circumstances which have given rise to those actions against him are fully documented in the papers which have been put forward in support of the application. It is unnecessary, in the circumstances, for me to go into those matters further.

6. Having heard Mr Heywood-Smith, the Court is unanimously of the view that the appropriate order is the first of those sought by the applicant, namely an indefinite suspension.

7. The order, therefore, is that Mr Alexander Ardalich’s right to practise the law be suspended until further order.

8. The Court further orders that the applicant, the Law Society of South Australia, have its costs of and incidental to the application.