Prothonotary of the Supreme Court of NSW v Alcorn [2007] NSWCA 288

New South Wales Court of Appeal

CITATION: Prothonotary of the Supreme Court of NSW v Alcorn [2007] NSWCA 288

HEARING DATE(S): 27/09/2007

JUDGMENT DATE: 29 October 2007

JUDGMENT OF: Beazley JA at 1; McColl JA at 2; Hoeben J at 3

DECISION: A declaration that in respect of the matters referred to in Para 1 of the Summons the opponent is guilty of professional misconduct; A declaration that the opponent is not a person of good fame and character.; A declaration that the opponent is not a fit and proper person to remain on the Local Roll of Lawyers of the Supreme Court of NSW.; An order that the name of the opponent be removed from the Local Roll of Lawyers of the Supreme Court of NSW.

CATCHWORDS: LEGAL PRACTITIONERS - conduct of solicitor - criminal offences and unprofessional conduct amounting to professional misconduct - deception of partners and investigators amounting to professional misconduct - sanctions for professional misconduct - not a person of good fame and character - not a fit and proper person to remain on the Local Roll of Solicitors of the Supreme Court of NSW

Crimes Act 1900 LEGISLATION CITED: Legal Profession Act 1987 SCR 1970 Part 65A

Allinson v General Council of Medical Education and Examination (1894) 1 QB 750 Barwick v Council of the Law Society of NSW [2004] NSWCA 32 Ex parte Tziniolis; Re The Medical Practitioners Act (1966) 67 SR (NSW) 448 Incorporated Law Institute of NSW v Meagher (1909) 9 CLR 655 CASES CITED: McBride v Walton (NSWCA unreported, 15 July 1994) NSW Bar Association v Cummins [2001] NSWCA 284; (2001) 52 NSWLR 279 NSW Bar Association v Smith (NSWCA unreported 9 May 1991) NSW Bar Association v Somosi [2001] NSWCA 285; (2001) 48 ATR 562 Prothonotary of the Supreme Court of NSW v P [2003] NSWCA 320 Re: Davis [1947] HCA 53; (1947) 75 CLR 409 Ziems v The Prothonotary of the Supreme Court of NSW [1957] HCA 46; (1957) 97 CLR 279