Prothonotary of the Supreme Court of New South Wales v Sharp [2006] NSWCA 27

Prothonotary of the Supreme Court of New South Wales v Sharp [2006] NSWCA 27

Mr Sharp's convictions for offences of dishonesty arising out of his management of the mortgage scheme, which was closely connected with the practice of law, constituted professional misconduct. This conduct demonstrated that he was neither of good fame and character nor a fit and proper person to remain on The Local Roll of lawyers, justifying his removal.

Jurisdiction
Australia
Judgment Date
28 February 2006
Procedural Posture
Disciplinary / Judgment
Outcome
Declarations made and name of opponent ordered to be removed from The Local Roll of lawyers.
Legal Topics
['professional Misconduct' 'removal From Roll' 'dishonesty Offences' 'corporations Law' 'crimes Act 1900 (nsw)']
['legal Profession' 'professional Discipline' 'criminal Law'] ['professional Misconduct' 'removal From Roll' 'dishonesty Offences' 'corporations Law' 'crimes Act 1900 (nsw)']

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Procedural Posture

Disciplinary / Judgment

Legal Issues

  1. 1 ["Whether the opponent's conduct amounted to professional misconduct under the relevant laws." 'Whether the opponent is a fit and proper person to remain on The Local Roll of lawyers of the Supreme Court of New South Wales.' 'Whether the opponent is of good fame and character.']

Ratio Decidendi

Mr Sharp's convictions for offences of dishonesty arising out of his management of the mortgage scheme, which was closely connected with the practice of law, constituted professional misconduct. This conduct demonstrated that he was neither of good fame and character nor a fit and proper person to remain on The Local Roll of lawyers, justifying his removal.

Court Disposition

Declarations made and name of opponent ordered to be removed from The Local Roll of lawyers.

Orders

  • ['Declare the Opponent has been guilty of professional misconduct for conduct between 8 December 1995 and 28 November 1996, pleaded guilty to thirty-nine indictable offences.' 'Declare the Opponent is not a person of good fame and character.' 'Declare the Opponent is not a fit and proper person to remain on The...