Barristers' Board v Young [2001] QCA 556

Barristers' Board v Young [2001] QCA 556 (7 December 2001)

SUPREME COURT OF QUEENSLAND

CITATION:

Barristers' Board v Young [2001] QCA 556

PARTIES:

BARRISTERS' BOARD

(applicant)

v

TARA VIRGINIA YOUNG

(respondent)

FILE NO/S:

Appeal No 8646 of 2001

DIVISION:

Court of Appeal

PROCEEDING:

Disciplinary Proceedings

DELIVERED ON:

7 December 2001

DELIVERED AT:

Brisbane

HEARING DATE:

6 November 2001

JUDGES:

de Jersey CJ, Davies JA and Mackenzie J

Separate reasons for judgment of each member of the Court, each concurring as to the order made.

ORDER:

Order that the name of Tara Virginia Young be removed from the roll of barristers admitted to practise within the State of Queensland.

CATCHWORDS:

PROFESSIONS AND TRADES - LAWYERS - REMOVAL OF NAME FROM ROLL - application for removal of respondent from Barristers' Roll on ground that she knowingly gave false evidence on oath before CJC Inquiry - duties and necessary attributes of barristers - where respondent also failed to acknowledge the significance of her default - consideration of psychiatric report - relevance of references where inquiry is as to intrinsic character

Attorney-General v Bax [1999] 2 QdR 9, cited

Barristers' Board v Darveniza [2000] QCA 253, Appeal No 2107 of 2000, 30 June 2000, considered

Clyne v New South Wales Bar Association [1960] HCA 40; (1960) 104 CLR 186, cited

In re Davis [1947] HCA 53; (1947) 75 CLR 409, considered

Janus v Queensland Law Society [2001] QCA 180, Appeal No 9202 of 2000, 15 May 2001, cited

New South Wales Bar Association v Cummins [2001] NSWCA 284, cited

Re A Practitioner (1984) 36 SASR 590, considered

Re Bell Full Court Motion 622 of 1991, 6 December 1991, considered

Re Morrison [1961] QdR 343, cited

Re Thomas [1984] 2 QdR 460, cited

Ziems v The Prothonotary of the Supreme Court of New South Wales [1957] HCA 46; (1957) 97 CLR 279, considered

COUNSEL:

JK Bond SC, with DA Kelly for the applicant

MJ Byrne QC for the respondent

SOLICITORS:

Hemming & Hart for the applicant

Bernard Bradley & Associates for the respondent