Prothonotary of the Supreme Court of New South Wales v Thomson

[2018] NSWCA 230

NSW Court of Appeal

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Interrogate

Catchwords

1. Legal Practitioners
2. › Inherent jurisdiction and disciplinary powers
3. › Removal from roll
4. › Fitness to remain on roll
5. › Criminal conviction for dishonesty offences
6. › Misappropriation of funds from union
7. › Contravention of civil penalty provisions
8. › Whether practitioner fit and proper person to remain on roll
9. › Legal Profession Uniform Law (NSW), ss 23, 264
10. › Supreme Court Act 1970 (NSW), s 48
1. Legal Practitioners
2. › Inherent jurisdiction and disciplinary powers
3. › Removal from roll
4. › Conduct outside practice of law
5. › Whether conduct outside legal practice may indicate unfitness to practise
6. › Significant and prolonged dishonesty for personal gain
1. Legal Practitioners
2. › Inherent jurisdiction and disciplinary powers
3. › Removal from roll
4. › Obligation of candour
5. › Failure to disclose past misconduct in application for practising certificate
6. › Whether failure to make candid disclosure confirms defects in character

Quick Take

A legal practitioner who has engaged in significant and prolonged dishonesty involving misappropriation of funds from any entity entrusted to their control, even outside legal practice, and who fails to demonstrate candour about past misconduct and reformation of character, will be removed from the roll.