Prothonotary of the Supreme Court of New South Wales v Da Rocha [2013] NSWCA 151

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Prothonotary of the Supreme Court of New South Wales v Da Rocha [2013] NSWCA 151 Hearing dates: 31 May 2013 Decision date: 31 May 2013 Before: Basten JA; Meagher JA; Ward JA Decision: 1. Declare that the Respondent was guilty of professional misconduct in having fraudulently misappropriated moneys held in the trust account of Marsdens Law Group in the period from December 2005 to September 2009, whilst employed as a solicitor with that firm (as so convicted in July 2011 in proceedings before the Local Court at Campbelltown). 2. Declare that, by reason of the professional misconduct referred to in 1 above, the Respondent is not a person of good fame and character. 3. Declare that, by reason of the professional misconduct referred to in 1 above, 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. Order that the name Sandra Rocha be removed from the Local Roll of Lawyers of the Supreme Court of New South Wales. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: LEGAL PRACTITIONERS - order sought for removal of solicitor from the Roll as well as declaratory relief - misappropriation of funds by solicitor from firm's trust account -whether professional misconduct - whether solicitor of good fame and character - whether solicitor a fit and proper person to be on the Roll. Legislation Cited: Legal Profession Act 2004 Cases Cited: A Solicitor v Council of the Law Society of New South Wales [2004] HCA 1; 216 CLR 253 Bridges v Law Society of New South Wales [1983] 2 NSWLR 361 Childs v Walton [1990] NSWCA 41 Dawson v Law Society of New South Wales [1989] NSWCA 58 Ex Parte Tziniolis; Re The Medical Practitioners Act (1966) 67 SR (NSW) 448 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 448 Incorporated Law Institute of NSW v Meagher [1909] HCA 87; 9 CLR 655 Law Society of New South Wales v Foreman (1994) 34 NSWLR 408 at 449 McBride v Walton [1994] NSWCA 199 New South Wales Bar Association v Cummins [2001] NSWCA 284, 52 NSWLR 279 NSW Bar Association v Hamman [1999] NSWCA 404 Prothonotary of the Supreme Court of NSW v Alcorn [2007] NSWCA 288 Prothonotary of the Supreme Court of New South Wales v Livanes [2012] NSWCA 325 Prothonotary of the Supreme Court of New South Wales v Nikolaidis [2010] NSWCA 73 Prothonotary of the Supreme Court of NSW v P [2003] NSWCA 320 Prothonotary of the Supreme Court of New South Wales v Ritchard (NSW Court of Appeal, 31 July 1987, unreported) Ziems v Prothonotary of the Supreme Court of NSW [1957] 46; 97 CLR 279 Category: Principal judgment Parties: Prothonotary of the Supreme Court of New South Wales (Applicant) Sandra Andreia Martins Da Rocha (formerly known as Sandra Rocha) (Respondent) Representation: Counsel: P Griffin (Applicant) Solicitors: I V Knight, Crown Solicitor's Office (Applicant)