Council of the Law Society of New South Wales v Ghobrial

The Council of the Law Society of New South Wales brought proceedings against Michael Ghobrial, a legal practitioner, seeking a declaration that he was not a fit and proper person to remain on the Roll of Australian Lawyers and for his name to be removed from the Roll. The dispute arose from Ghobrial's misappropriation of trust account funds, for which he had been convicted of larceny as a bailee under section 125 of the *Crimes Act 1900* (NSW). The matter was heard by Bell CJ, Payne and Stern JJA in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether, in light of his conviction for larceny as a bailee, Michael Ghobrial was a fit and proper person to remain on the Roll of Australian Lawyers. This required the Court to consider the implications of such a serious criminal conviction on a practitioner's suitability to practise law and the appropriate disciplinary response.

The Court reasoned that a conviction for larceny as a bailee, involving the misappropriation of trust funds, demonstrated a fundamental breach of the trust and integrity expected of legal practitioners. The Court applied the principle that dishonesty and a lack of probity in a legal practitioner's conduct are incompatible with the requirements of being a legal practitioner. The conviction itself was considered sufficient evidence of unfitness, and the Court did not require further evidence of actual harm to clients or the public.

The Court of Appeal declared that Michael Ghobrial is not a fit and proper person to remain on the Roll and ordered that his name be removed from the Roll. Furthermore, Michael Ghobrial was ordered to pay the Council of the Law Society of New South Wales’ costs of the proceedings.