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

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

The opponent's conduct, including criminal convictions for dishonesty and corruption, repeated deception, creation of false documents, and failures of professional responsibility, amounts to professional misconduct and demonstrates that he is not a person of good fame and character nor a fit and proper person to remain on the Local Roll of Lawyers of the Supreme Court of NSW, requiring his removal from the Roll.

Jurisdiction
Australia
Judgment Date
29 October 2007
Procedural Posture
Disciplinary Application / Final Judgment
Outcome
Application granted. Declarations and orders as sought, except as to costs order which is deleted by slip rule after parties' agreement.
Legal Topics
['professional Misconduct' 'good Fame and Character' 'fit and Proper Person' 'disciplinary Removal' 'legal Ethics']
['legal Profession' 'professional Discipline'] ['professional Misconduct' 'good Fame and Character' 'fit and Proper Person' 'disciplinary Removal' 'legal Ethics']

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Procedural Posture

Disciplinary Application / Final Judgment

Legal Issues

  1. 1 ['Whether the opponent is guilty of professional misconduct' 'Whether the opponent is not a person of good fame and character' 'Whether the opponent is not a fit and proper person to remain on the Local Roll of Lawyers of the Supreme Court of NSW']

Ratio Decidendi

The opponent's conduct, including criminal convictions for dishonesty and corruption, repeated deception, creation of false documents, and failures of professional responsibility, amounts to professional misconduct and demonstrates that he is not a person of good fame and character nor a fit and proper person to remain on the Local Roll of Lawyers of the Supreme Court of NSW, requiring his removal from the Roll.

Court Disposition

Application granted. Declarations and orders as sought, except as to costs order which is deleted by slip rule after parties' agreement.

Orders

  • ['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...