THE PROTHONOTARY OF THE SUPREME COURT OF NEW SOUTH WALES v TANTALA [1993] NSWCA 216

PROTHONOTARY OF THE SUPREME COURT OF NEW SOUTH WALES v TANTALA

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KirBY P, HANDLEY and POWELL JJA 25 October 1993, 25 October 1993 [1993] NSWCA 216

LEGAL PRACTITIONERS — misconduct — solicitor — misconduct proved to the satisfaction of the Supreme Court of the Australian Capital Territory — findings of that Court that solicitor has been guilty of serious professional misconduct in specified respects — orders of that Court that solicitor's name be removed from the Roll of Barristers and Solicitors of the Supreme Court of the Australian Capital Territory — Prothonotary issues Summons for declarations and orders seeking (amongst other things) the removal of name of solicitor from the Roll of the Solicitors of the Supreme Court of New South Wales — solicitor does not appear — proof of service — whether Supreme Court of New South Wales should require separate proof of offences, in addition to those established before the Supreme Court of the Australian Capital Territory — held:

(1) Having regard to the nature of the Australian Federal polity and the status of the Supreme Court of the Australian Capital Territory it was appropriate to give respect to the judicial proceedings and orders of the Supreme Court of the Australian Capital Territory in such a matter.

In re a Solicitor [1993] QB 69 distinguished;

(2) Separate proof of the defaults would not, at least in the absence of a contest, be required;

(3) Accordingly, declarations made as sought by the Prothonotary;

(4) Order that the solicitor's name be removed from the Roll of Solicitors, and that he pay the Prothonotary's costs.

Australian Constitution, s118.

ORDERS

The Court:

1. DECLARES that Stephen Peter Tantala has been guilty of professional misconduct as a solicitor in the respects referred to in para(a) to para(v) of the Prothonotary's summons;