THE LEGAL PRACTITIONERS ACT 1981 (SA) RE DUNCAN JAMES FOWLER, A PRACTITIONER

The case involves Duncan James Fowler, a practitioner, and the Law Society of South Australia (LSSA) and the Commissioner of Taxation. The dispute centres on the practitioner's fitness to practice law, particularly in light of his bankruptcy and significant indebtedness to the Australian Taxation Office (ATO). The matter was heard in the Supreme Court of South Australia. The central issue before the court was whether the practitioner, who had been made bankrupt, was a fit and proper person to hold a practising certificate and, if so, under what conditions.

The court had to determine if the practitioner's financial and professional conduct, particularly in light of his bankruptcy, demonstrated a level of competence and integrity required to practice law. The interveners argued that the practitioner should only be allowed to practice as an employee, which would mitigate risks to the public. The practitioner, on the other hand, argued that the conditions should be tied to his discharge from bankruptcy, expected in June 2021. The court considered whether imposing conditions "until further order" would be an appropriate exercise of its supervisory jurisdiction under the Legal Practitioners Act 1981 (SA).

The court found that the practitioner's ongoing financial difficulties and the circumstances leading to his bankruptcy raised serious concerns about his competence and judgment. It concluded that conditions should be imposed to protect the public, but not necessarily tied to the date of his discharge from bankruptcy. The court reasoned that such conditions should remain in place until the underlying issues that led to the restrictions were resolved. The court ultimately decided to impose conditions on the practitioner's practising certificate "until further order," allowing for adjustments if the circumstances changed.