In Re Davis

Infobox Court Case
name=In Re Davis
court=High Court of Australia


date_decided=15 December 1947
full_name=In Re Davis
citations= [http://www.austlii.edu.au/au/cases/cth/HCA/1947/53.html [1947] HCA 53]
judges= Latham CJ, Starke, Dixon, McTiernan and Williams JJ
prior_actions=In Re Davis (1947) 48 SR (NSW) 33
subsequent_actions=none
opinions=(4:1) The Supreme Court of New South Wales is not bound by section 10 of the "Legal Practitioners Act" 1898-1936 (NSW) to admit to the bar a candidate who is approved by the Board. (per Starke, Dixon, McTiernan and Williams JJ; Latham CJ dissenting)

(5:0) The power of the Supreme Court of New South Wales to disbar may be exercised upon a ground that is antecedent to the admission of a barrister or the determination of the Board to approve him as a fit and proper person. The Supreme Court rightly held that the appellant was not a fit and proper person to be a barrister. (per Latham CJ, Starke, Dixon, McTiernan and Williams JJ)

"In Re Davis" (1947) 75 CLR 409; [1947] HCA 53 is a High Court of Australia case regarding the admission of legal practitioners and the jurisdiction of courts over barristers.

Facts

Samuel Wilton Davis was admitted to the New South Wales Bar in 1946 following completion of the all the necessary requirements under section 10 of the "Legal Practitioners Act" 1898-1936 (NSW).

He was disbarred by the Supreme Court of New South Wales in 1947 for failure to disclose that in 1935 he had pleaded guilty to a charge of breaking, entering and stealing.

Decision

The High Court upheld the decision of the Supreme Court to disbar Davis.