THE PROTHONOTARY SUPREME COURT OF NSW v DARVENIZA [2001] NSWCA 113

Reported Decision : 121 A Crim R 542

New South Wales Court of Appeal

CITATION : THE PROTHONOTARY SUPREME COURT OF NSW v DARVENIZA [2001] NSWCA 113 FILE NUMBER(S) : CA 40655/00 HEARING DATE(S) : 17 April 2001 JUDGMENT DATE : 27 April 2001

PARTIES : The Prothonotary Supreme Court of New South Wales - Claimant Paul Matthew Darveniza - Opponent JUDGMENT OF : Sheller JA at 1; Powell JA at 19; Hodgson CJ in Eq at 20

LOWER COURT JURISDICTION : Supreme Court LOWER COURT N/A FILE NUMBER(S) : LOWER COURT N/A JUDICIAL OFFICER :

COUNSEL : G Craddock - Claimant N/A - Opponent SOLICITORS : I V Knight - Crown Solicitor - Claimant CATCHWORDS : Legal Profession - misconduct, unfitness and discipline - criminal offence - removal of name from Roll Service and Execution of Process Act 1992 (Cth) LEGISLATION CITED : Legal Profession Act 1987 (NSW) Mutual Recognition Act 1992 (Cth) Oaths Act 1900 (NSW) CASES CITED: N/A DECISION : 1. Declare that the opponent is not a person of good fame and character; 2. Declare that the opponent is not a fit and proper person to remain on the Roll of Legal Practitioners for the State of New South Wales; 3. Order that the name of the opponent be removed from the Roll of Legal Practitioners of the Supreme Court of New South Wales; 4. Order that the opponent pay the claimant's costs.

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40655/00 SHELLER JA POWELL JA HODGSON CJ in EQ Friday, 27 April 2001

THE PROTHONOTARY SUPREME COURT OF NSW v DARVENIZA

The claimant sought declarations that the opponent was not a person of good fame and character, and not a fit and proper person to remain on the Roll of Legal Practitioners. The claimant also sought orders that the opponent be removed from the Roll, and be required to pay the claimant's costs. In 1998 the opponent had been convicted on two drug supply charges. The opponent had been admitted as a barrister in Queensland before being mutually admitted in New South Wales in November 1999. In June 2000 the Queensland Court of Appeal ordered that the opponent's name be struck from the Queensland Roll of Barristers.