Council of the Law Society of New South Wales v Clarke [2022] NSWCA 57

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Clarke [2022] NSWCA 57 Hearing dates: On the papers Date of orders: 12 April 2022 Decision date: 12 April 2022 Before: Basten JA; Macfarlan JA; Simpson AJA Decision: (1) Declare that the respondent is not a fit and proper person to remain on the roll of Australian lawyers maintained by the Court pursuant to s 22 of the Legal Profession Uniform Law (NSW). (2) Order that the respondent's name be removed from that roll. (3) Order the respondent to pay the applicant's costs of the proceedings. Catchwords: LEGAL PRACTITIONERS — disciplinary proceedings — practitioner convicted of offences under s 192E(1)(b) of the Crimes Act 1900 (NSW) of dishonestly obtaining an advantage — sentence of imprisonment — declaration that the practitioner is not a fit and proper person to remain on the roll of Australian lawyers Legislation Cited: Crimes Act 1900 (NSW), s 192E(1)(b) Legal Profession Uniform Law (NSW), s 22 Cases Cited: Council of the Law Society of New South Wales v Jafari [2020] NSWCA 53 Council of the Law Society of New South Wales v Parente [2019] NSWCA 33 Council of the Law Society of New South Wales v Zhukovska (2020) 102 NSWLR 655; [2020] NSWCA 163 NSW Bar Association v Cummins (2001) 52 NSWLR 279; [2001] NSWCA 284 Prothonotary of the Supreme Court of NSW v Alcorn [2007] NSWCA 288 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Brody Jack Clarke (Respondent) Representation: Counsel: C Webster SC (Applicant) Self-represented (Respondent)