Council of the Law Society of New South Wales v Croke

The Council of the Law Society of New South Wales (the Applicant) sought declarations and orders against Michael Anthony Croke (the Respondent) in the Court of Appeal of New South Wales. The core of the dispute concerned the Respondent's fitness to remain on the Roll of Australian Lawyers, following his conviction for serious criminal offences. The Respondent did not oppose the relief sought by the Applicant.

The Court of Appeal was required to determine whether the Respondent was a fit and proper person to remain on the Roll of Australian Lawyers, having regard to his conviction for six offences involving false and misleading conduct and participation in a criminal group, for which he had been sentenced to a term of imprisonment.

The Court applied the principles established in cases concerning the fitness and propriety of legal practitioners. It was held that a conviction for offences involving dishonesty and participation in criminal activity, particularly when coupled with a custodial sentence, raises significant questions about a solicitor's suitability to practise law. Given the Respondent's non-opposition to the proceedings, the Court found that it was compelled to conclude that he was not a fit and proper person to remain on the Roll.

Accordingly, the Court of Appeal declared that Michael Anthony Croke is not a fit and proper person to remain on the Roll of Australian Lawyers and ordered that his name be removed from the Roll. The Court also ordered that the Respondent pay the Applicant's costs of the proceedings.