The Prothonotary of the Supreme Court of New South Wales v Farran [2003] NSWCA 372

The Prothonotary of the Supreme Court of New South Wales v Farran [2003] NSWCA 372

The Court concluded that, absent full assurance that the opponent's misconduct was solely attributable to psychiatric illness and will not recur, its protective function necessitates his removal from the roll of practitioners. His conduct constituted professional misconduct, and he is not fit to remain on the roll.

Parties
Claimant: The Prothonotary of the Supreme Court of New South Wales; Claimant: Law Society of NSW; Opponent: Ronald Allan Farran
Jurisdiction
Australia
Judgment Date
12 December 2003
Procedural Posture
Professional Misconduct Proceeding / Judgment
Outcome
Declarations as to professional misconduct and unfitness and order for removal from roll made. No order as to costs.
Legal Topics
Professional Misconduct, Fitness to Practice, Removal From Roll
Legal Profession Professional Misconduct Fitness to Practice Removal From Roll

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Parties

The Prothonotary of the Supreme Court of New South Wales

Claimant

Law Society of NSW

Claimant

Ronald Allan Farran

Opponent

Procedural Posture

Professional Misconduct Proceeding / Judgment

Legal Issues

  1. 1 Whether the opponent is guilty of professional misconduct
  2. 2 Whether the opponent is unfit to remain on the roll of legal practitioners

Ratio Decidendi

The Court concluded that, absent full assurance that the opponent's misconduct was solely attributable to psychiatric illness and will not recur, its protective function necessitates his removal from the roll of practitioners. His conduct constituted professional misconduct, and he is not fit to remain on the roll.

Court Disposition

Declarations as to professional misconduct and unfitness and order for removal from roll made. No order as to costs.

Orders

  • Declaration that the opponent is guilty of professional misconduct.
  • Declaration that the opponent is not a fit and proper person to remain on the roll of legal practitioners.