Council of the Law Society of New South Wales v Parente

The Council of the Law Society of New South Wales brought proceedings against Ugo Parente concerning his fitness to remain on the roll of Australian lawyers. The dispute arose following Mr Parente's conviction for serious drug supply offences, for which he received a sentence of imprisonment. The proceedings were heard in the Court of Appeal of New South Wales.

The Court of Appeal was required to determine whether Mr Parente was a fit and proper person to remain on the roll of Australian lawyers, whether a declaration of professional misconduct should be made, and whether a declaration that he was no longer of good fame and character should be made.

The Court reasoned that a conviction for drug supply offences, particularly those involving significant quantities and attracting a custodial sentence, demonstrated a fundamental lack of probity and integrity. Such conduct was inconsistent with the high standards of character and trustworthiness required of legal practitioners. The Court applied the principle that a legal practitioner's fitness to practice is assessed by their present character and reputation, and that serious criminal conduct can lead to an irrefutable presumption of unfitness. Consequently, the Court declared that Mr Parente was not a fit and proper person to remain on the roll of Australian lawyers and ordered that his name be removed. Mr Parente was also ordered to pay the Law Society's costs of the proceedings.