Prothonotary of the Supreme Court of New South Wales v Da Rocha

The Prothonotary of the Supreme Court of New South Wales applied to the Court for orders removing Ms Sandra Andreia Martins Da Rocha, formerly known as Sandra Rocha, from the Roll of Local Lawyers. The application sought declarations that Ms Da Rocha had been guilty of professional misconduct, was not a person of good fame and character, and was not a fit and proper person to remain on the Roll. These applications were based on Ms Da Rocha's conviction in July 2011 for 43 counts of fraudulent misappropriation of trust moneys totalling $226,031.19, which occurred between December 2005 and September 2009 while she was employed as a solicitor with Marsdens Law Group.

The Court was required to determine whether Ms Da Rocha's conduct constituted professional misconduct, and consequently, whether she remained a person of good fame and character and a fit and proper person to be on the Roll of Local Lawyers. The Court also considered the appropriate orders to make in light of the Prothonotary's application and Ms Da Rocha's consent to the relief sought.

The Court reasoned that Ms Da Rocha's conviction for fraudulent misappropriation of trust moneys was conclusive evidence of professional misconduct. The Court applied the principle that such conduct demonstrates a fundamental lack of probity and integrity, rendering an individual not of good fame and character and not a fit and proper person to remain on the Roll of Lawyers. Despite Ms Da Rocha's consent to the orders and her personal circumstances, including her conviction, sentence of home detention, and current unemployment, the Court affirmed its obligation to be satisfied that the orders sought were appropriate.

The Court declared that Ms Da Rocha was guilty of professional misconduct by fraudulently misappropriating moneys held in the trust account of Marsdens Law Group. It further declared that, by reason of this misconduct, she is not a person of good fame and character and is not a fit and proper person to remain on the Local Roll of Lawyers. Consequently, the Court ordered that the name Sandra Rocha be removed from the Local Roll of Lawyers of the Supreme Court of New South Wales.