The Prothonotary v X [2024] NSWCA 251

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: The Prothonotary v X [2024] NSWCA 251 Hearing dates: On the papers Date of orders: 23 October 2024; 31 October 2024 Decision date: 31 October 2024 Before: Ward P; Payne JA; Mitchelmore JA Decision: 1. Declare that the respondent is not a fit and proper person to remain on the Roll of Australian Lawyers. 2. Order that the name of the respondent, [redacted], be removed from the Roll of Australian Lawyers. 3. Order that the respondent pay the applicant's costs of these proceedings. 4. Pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010 (NSW), on the ground set out in 8(1)(c) of the Act, order that the name of the respondent be suppressed and that the respondent be referred to by the pseudonym "X", this order to apply throughout the Commonwealth of Australia for a period of 20 years (unless extended). Catchwords: LEGAL PRACTITIONERS – disciplinary proceedings – practitioner convicted on two occasions of offences under s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW) of supply prohibited drugs, not less than commercial quantity and s 193C(2) of the Crimes Act 1900 (NSW) of dealing with the proceeds of crime – second set of offending occurred 14 months after first conviction, while respondent was serving an intensive correction order – sentence of imprisonment – relevance of principles in Council of the Law Society of NSW v Parente [2019] NSWCA 33 in circumstances of reoffending – declaration that respondent is not a fit and proper person to remain on the roll of Australian lawyers Legislation Cited: Court Suppression and Non-Publication Orders Act 2010 (NSW), ss 7,8, 10 Crimes (Sentencing Procedure) Act 1999 (NSW), s 7 Crimes Act 1900 (NSW), s 193C Criminal Procedure Act 1986 (NSW), s 166 Drug Misuse and Trafficking Act 1985 (NSW), s 25 Evidence Act 1995 (NSW), ss 91, 191 Legal Profession Uniform Law (NSW), ss 17, 297 Legal Profession Uniform Admission Rules 2015, reg 10 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Council of the Law Society of New South Wales v Clarke [2022] NSWCA 57 Council of the Law Society of New South Wales v Green [2022] NSWCA 257 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 New South Wales Bar Association v Cummins [2001] NSWCA 284 New South Wales Bar Association v Hamman [1999] NSWCA 404 Prothonotary of the Supreme Court of New South Wales v P [2003] NSWCA 320 Prothonotary of the Supreme Court of New South Wales v Thomson [2018] NSWCA 230 Prothonotary v Gregory [2017] NSWCA 101 R v Henry (1999) 46 NSWLR 346 R v X (a pseudonym) [2023] NSWDC 34 Stanoevski v Council of the Law Society of NSW [2008] NSWCA 93 Category: Principal judgment Parties: The Prothonotary of the Supreme Court of New South Wales (Applicant) "X" (a pseudonym) (Respondent) Representation: Counsel: K Curry (Applicant)