THE PROTHONOTARY SUPREME COURT OF NSW v DARVENIZA [2001] NSWCA 113

THE PROTHONOTARY SUPREME COURT OF NSW v DARVENIZA [2001] NSWCA 113

The opponent's drug supply convictions, subsequent conduct involving drug-related dealings and offers to promote crime, untruthful affidavit in the Queensland proceedings, and negative answer in his New South Wales practising certificate application demonstrated that he was not a person of good fame and character and was not a fit and proper person to remain on the Roll of Legal Practitioners; the claimant was therefore entitled to the declarations and removal order sought.

Jurisdiction
Australia
Judgment Date
27 April 2001
Procedural Posture
Summons Seeking Declarations of Lack of Good Fame and Character and Fitness, Removal From the Roll of Legal Practitioners, and Costs / Court of Appeal Hearing of Summons; No Appearance for the Opponent
Outcome
Declarations and orders made for the claimant.
Legal Topics
['professional Misconduct' 'fitness to Practise' 'good Fame and Character' 'removal From Roll of Legal Practitioners' 'drug Supply Offences' 'false Statutory Declaration' 'mutual Recognition Admission']
['legal Profession Disciplinary Law'] ['professional Misconduct' 'fitness to Practise' 'good Fame and Character' 'removal From Roll of Legal Practitioners' 'drug Supply Offences' 'false Statutory Declaration' 'mutual Recognition Admission']

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Procedural Posture

Summons Seeking Declarations of Lack of Good Fame and Character and Fitness, Removal From the Roll of Legal Practitioners, and Costs / Court of Appeal Hearing of Summons; No Appearance for the Opponent

Legal Issues

  1. 1 ['Whether the opponent was a person of good fame and character.' 'Whether the opponent was a fit and proper person to remain on the Roll of Legal Practitioners for the State of New South Wales.' "Whether the opponent's name should be removed from the Roll of Legal Practitioners of the Supreme Court of New South Wales."]

Ratio Decidendi

The opponent's drug supply convictions, subsequent conduct involving drug-related dealings and offers to promote crime, untruthful affidavit in the Queensland proceedings, and negative answer in his New South Wales practising certificate application demonstrated that he was not a person of good fame and character and was not a fit and proper person to remain on the Roll of Legal Practitioners; the claimant was therefore entitled to the declarations and removal order sought.

Court Disposition

Declarations and orders made for the claimant.

Orders

  • ['Declare that the opponent is not a person of good fame and character.' 'Declare that the opponent is not a fit and proper person to remain on the Roll of Legal Practitioners for the State of New South Wales.' 'Order that the name of the opponent be removed from the Roll of Legal Practitioners of the Supreme Court...