Council of the Law Society of New South Wales v Jafari

The Council of the Law Society of New South Wales (the Council) brought proceedings against Mehrdad Jafari before the Court of Appeal of the Supreme Court of New South Wales. The dispute concerned Mr Jafari's fitness and propriety to remain on the roll of Australian lawyers, following his conviction for an offence under s 131.1(1) of the *Criminal Code Act 1995* (Cth). The Council sought declarations regarding Mr Jafari's fitness and propriety and an order for his removal from the roll.

The Court was required to determine whether Mr Jafari, having been convicted of the specified criminal offence, was a fit and proper person to remain on the roll of Australian lawyers. This involved considering the implications of his conviction for his continued suitability to practise law and the appropriateness of making declarations to that effect.

The Court reasoned that a conviction for an offence under s 131.1(1) of the *Criminal Code Act 1995* (Cth), which relates to the misuse of Commonwealth credit cards, demonstrated a lack of integrity and trustworthiness that was incompatible with the obligations of a legal practitioner. Applying the principles of professional discipline, the Court found that such conduct undermined public confidence in the legal profession. Consequently, the Court declared that Mr Jafari was not a fit and proper person to remain on the roll of Australian lawyers.

The Court ordered that Mehrdad Jafari be removed from the roll of Australian lawyers maintained by the Supreme Court under s 22 of the *Legal Profession Uniform Law (NSW)*.