Council of the Law Society of New South Wales v Vo; Council of the Law Society of New South Wales v Dinh

The Council of the Law Society of New South Wales brought proceedings against Mr Dung Quoc Vo and Ms Thi To Ngoc Dinh, both legal practitioners. The dispute concerned their fitness to remain on the Roll of Australian lawyers, following their convictions for offences under s 192E(1)(b) of the Crimes Act 1900 (NSW), relating to the misappropriation of trust money. The matter was heard by Leeming, Kirk and Stern JJA in the Court of Appeal of New South Wales.

The primary legal issue before the Court was whether Mr Vo and Ms Dinh were fit and proper persons to remain on the Roll of Australian lawyers, given their criminal convictions for misappropriating trust money. This determination was crucial for assessing their continued eligibility to practise law in New South Wales.

The Court reasoned that a conviction for misappropriation of trust money, particularly under s 192E(1)(b) of the Crimes Act 1900 (NSW), demonstrated a fundamental lack of integrity and trustworthiness. Such conduct directly contravened the high standards of probity and honesty expected of legal practitioners, and therefore rendered them not fit and proper persons to remain on the Roll. The Court applied the established principle that dishonesty in handling trust funds is a serious matter that warrants removal from the Roll.

Consequently, the Court declared that both Mr Vo and Ms Dinh were not fit and proper persons to remain on the Roll of Australian lawyers and ordered that their names be removed. They were also ordered to pay the Council's costs of the proceedings.