Prothonotary of the Supreme Court of New South Wales v Christopher Ronald Fitzsimons [2012] NSWSC 260

Supreme Court New South Wales

Medium Neutral Citation: Prothonotary of the Supreme Court of New South Wales v Christopher Ronald Fitzsimons [2012] NSWSC 260 Hearing dates: 3, 31 August 2011 Decision date: 23 March 2012 Jurisdiction: Common Law Before: Adams J Decision: (1)The respondent is guilty of professional misconduct. (2)At the time of the commission of the misconduct particularised in paragraph 1 (a) of the summons the respondent was not a person of good fame and character. (3)I decline to make the declaration that the respondent is not a fit and proper person to remain on the local roll of lawyers of the Supreme Court of New South Wales. (4)The respondent must pay the applicant's costs. Catchwords: LEGAL PRACTITIONER - misappropriation - convicted of criminal offences - sentence completed - relevance of mental illness now controlled - whether unfit for practice. Legislation Cited: Legal Profession Act 2004 Cases Cited: Council of the Law Society of New South Wales v A Solicitor [2002] NSWCA 62 In Re a Practitioner (1984) 36 SASR 590 at 591 McBride v Walton [1994] NSWCA 199 (unreported, 15 July 1994) Nash v Law Society of New South Wales [1988] NSWCA 100 Prothonotary of the Supreme Court of New South Wales v Farran [2003] NSWCA 372 Prothonotary of the Supreme Court of New South Wales v P [2003] NSWCA 320 Category: Principal judgment Parties: Prothonotary of the Supreme Court of New South Wales (Applicant) Christopher Ronald Fitzsimons (Respondent) Representation: P Griffin (Applicant) J Lyons (Solicitor, Respondent) Crown Solicitors (Applicant) Lyons & Lyons (Respondent) File Number(s): 2010/265686