Janus v Queensland Law Society Incorporated [2001] QCA 180

Janus v Queensland Law Society Incorporated [2001] QCA 180 (15 May 2001)

SUPREME COURT OF QUEENSLAND

CITATION:

Janus v Qld Law Society Inc [2001] QCA 180

PARTIES:

WALTER CORNEILLE CLEMENT MARIE JANUS

(applicant)

v

QUEENSLAND LAW SOCIETY INC

(respondent)

FILE NO/S:

Appeal No 9202 of 2000

DIVISION:

Court of Appeal

PROCEEDING:

Application for Admission

DELIVERED ON:

15 May 2001

DELIVERED AT:

Brisbane

HEARING DATE:

2 May 2001

JUDGES:

Chief Justice, Williams JA and Mackenzie J

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

ORDER:

Application dismissed.

Applicant to pay the respondent's costs including any reserved costs to be assessed.

CATCHWORDS:

PROFESSIONS AND TRADES - LAWYERS - READMISSION TO PRACTISE - AFTER BEING STRUCK OFF - applicant struck from solicitors roll after being found guilty of professional misconduct, namely misappropriation of trust funds - where applicant had at time suffered from severe depressive illness now under control and extremely unlikely to recur - whether in all the circumstances the Court is justified in putting the applicant before the public as a fit and proper person to follow the honourable calling of solicitor - where focus is on applicant's intrinsic character - examination of the circumstances of the three misconduct instances and another matter raised by the applicant - where applicant contends matters of fact warrant his complete exoneration in two matters, and his involvement in the third being viewed less seriously - where respondent contends this reflects the applicant's "ethical blindness"

Ex parte Lenehan [1948] HCA 45; (1948) 77 CLR 403, cited

Law Society of New South Wales v Harvey [1976] 2 NSWLR 154, considered

Re B [1981] 2 NSWLR 372, cited

Re Bell (Full Court Motion No 622 of 1991, 6 December 1991), considered

Re Currie (Full Court Motion No 417 of 1990, 8 March 1991), considered

Re Davis [1947] HCA 53; (1947) 75 CLR 409, cited

Re Morrison [1961] QdR 343, considered

Re Taylor [1997] 1 QdR 533, cited

Re Thomas [1984] 2 QdR 460, considered

WCCM Janus v Australian Securities Commission (Federal Court No QG3016 of 1992, 17 November 1992), considered

Wentworth v New South Wales Bar Association [1992] HCA 24; (1992) 176 CLR 239, cited

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

COUNSEL:

JS Douglas QC, with IA Erskine for the appellant

W Sofronoff QC, with RIM Lilley for the respondent

SOLICITORS:

Grant White and Associates for the applicant

Deacons for the respondent