The Prothonotary of the Supreme Court of New South Wales v Sukkar

[2007] NSWCA 341

NSW Court of Appeal

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Interrogate

Catchwords

1. Legal Practitioners
2. › Removal from Roll
3. › Professional misconduct
4. › Conviction for serious drug offence
5. › Whether conduct outside course of practice constitutes professional misconduct
6. › Whether giving false evidence at criminal trial constitutes professional misconduct closely related to legal practice
1. Legal Practitioners
2. › Removal from Roll
3. › Fitness to practise
4. › Good fame and character
5. › Whether conviction for serious criminal offence demonstrates lack of good fame and character
6. › Whether removal or suspension appropriate
1. Evidence
2. › Standard of proof
3. › Civil proceedings
4. › Briginshaw standard
5. › Application to disciplinary proceedings against legal practitioners
6. › Whether false evidence established to requisite standard

Quick Take

A solicitor's conviction for a serious criminal offence (here, drug importation attracting 14 years' imprisonment) is properly the basis for a declaration of lack of good fame and character, while the giving of false evidence at the solicitor's own criminal trial constitutes professional misconduct as conduct closely related to legal practice. The distinction between these two bases matters for the form of declarations made. The Court left open the question whether a professional obligation of candour requires disclosure of one's own or associates' criminal conduct, given the privilege against self-incrimination.