The Law Society of the Northern Territory v Nolan

[2002] NTSC 46

The Law Society of the Northern Territory v Nolan [2002] NTSC 46

PARTIES:	THE LAW SOCIETY OF THE NORTHERN TERRITORY
v
JONATHAN PETER NOLAN
TITLE OF COURT:	FULL COURT OF THE SUPREME COURT OF THE NORTHERN TERRITORY
JURISDICTION:	FULL COURT OF THE SUPREME COURT EXERCISING TERRITORY JURISDICTION
FILE NO:	SC108 of 2001 (20108961)
DELIVERED:	9 August 2002
HEARING DATES:	9 August 2002
JUDGMENT OF:	MARTIN CJ, MILDREN & RILEY JJ
REPRESENTATION:
Counsel:
Plaintiff:	P. Barr
Defendant:	No appearance

Solicitors:

Plaintiff:	The Law Society of the Northern Territory
Defendant:	No appearance

Judgment category classification: B

Judgment ID Number:	ril0223
Number of pages:	2
ril0223

IN THE FULL COURT OF THE SUPREME
COURT OF THE NORTHERN TERRITORY
OF AUSTRALIA

AT DARWIN

The Law Society of the Northern Territory v Nolan [2002] NTSC 46

No. SC108 of 2001 (20108961)

BETWEEN:

THE LAW SOCIETY OF THE

NORTHERN TERRITORY

Plaintiff

AND:

JONATHAN PETER NOLAN

Defendant

CORAM:  MARTIN CJ, MILDREN & RILEY JJ

REASONS FOR JUDGMENT

(Delivered 9 August 2002)

1. This is an application on the part of the Law Society for an order that the

   name of Jonathan Peter Nolan be removed from the Roll of Legal

   Practitioners on the ground that he is no longer a fit and proper person to

   practise as a legal practitioner.

2. The Court notes that Mr Nolan has pleaded guilty before the Disciplinary

   Tribunal to three counts involving defalcation from his trust account. The

   circumstances of that misconduct are set out in the materials provided to the

   Court and need not be discussed in detail now. We accept the material placed before the court in the affidavit of Maria Ceresa, along with the

   submissions of Mr Barr of counsel.

3. The misconduct of Mr Nolan is of a kind that this court has on previous

   occasions indicated will not be tolerated. In this case there is no

   explanation for the misconduct. The unexplained conduct clearly indicates

   that Mr Nolan is not a fit and proper person to practise as a legal

   practitioner.

4. Mr Nolan has not appeared today, however we have received a letter from

   him in which he indicates that he has no objection to being struck off the

   Roll and that he does not wish to raise any argument in opposition to the

   application made by the Law Society of the Northern Territory. He accepts

   that he has acted in an unprofessional manner and that he has been guilty of

   specific and serious misconduct.

5. The order of the court will be that the defendant's name be struck off the

   Roll of Legal Practitioners and that the defendant pay the plaintiff's costs of

   these proceedings.

   _________________