Prothonotary v Gregory [2017] NSWCA 101

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Prothonotary v Gregory [2017] NSWCA 101 Hearing dates: 18 April 2017 Decision date: 18 May 2017 Before: Bathurst CJ, Beazley P, Sackville AJA Decision: 1. Declare that Paul John Gregory (the Respondent) has been guilty of professional misconduct. 2. Declare that the Respondent is not a fit and proper person to be on the Roll of Legal Practitioners of the Supreme Court of New South Wales. 3. Order that the name of the Respondent be removed from the Roll of Legal Practitioners of the Supreme Court of New South Wales. 4. The Respondent pay the costs of the Applicant, the Prothonotary of the Supreme Court of New South Wales, of and incidental to these proceedings. Catchwords: LEGAL PROFESSION – solicitor convicted of conspiring to dishonestly cause a risk of loss to a Commonwealth entity – application in the inherent jurisdiction to remove the solicitor from the Roll – whether sentencing remarks admissible to prove underlying facts – Court satisfied of unfitness to practise Legislation Cited: Crimes Act 1914 (Cth), s 29D Criminal Code Act 1995 (Cth), s 135.4(5)

Evidence Act 1995 (NSW), ss 91, 92, 178 Legal Practitioners Act 1898 (NSW), s 79 Legal Practitioners (Amendment) Act 1935 (NSW) Legal Profession Act 1987 (NSW), s 171M(1) Legal Profession Uniform Law (NSW), ss 6(1), 22(1), 23(2), 87, 261, 264(1), 296, 297, Ch 5 Legal Profession Uniform Law Application Act 2014 (NSW), ss 4, 11(2) Supreme Court Act 1970 (NSW), s 48(2)(k)