Prothonotary of the Supreme Court of New South Wales v P

The Prothonotary of the Supreme Court of New South Wales applied to the Court for the removal of a solicitor from the Roll of Legal Practitioners. The application was based on the solicitor's conviction for importing a trafficable quantity of cocaine, for which she had served a sentence of imprisonment. The Prothonotary contended that this conviction constituted professional misconduct under s 127(1)(b) of the *Legal Profession Act* and that the solicitor was no longer a fit and proper person to remain on the Roll.

The central legal issues before the Court were whether the solicitor's criminal conviction amounted to professional misconduct and, consequently, whether she was a fit and proper person to continue to be admitted to the Roll of Legal Practitioners. The Court was required to balance the need to protect the public and the legal profession against the principles of rehabilitation and the individual circumstances of the solicitor.

The Court considered evidence that the solicitor had been drug-free for almost five years and that the specific circumstances surrounding her offence indicated she posed no risk to the public. Furthermore, the Court took into account the solicitor's period of self-imposed suspension from practice and substantial character evidence provided by referees who were fully aware of the facts of the matter. Applying these considerations, the Court concluded that the solicitor was a fit and proper person to remain on the Roll.

The application by the Prothonotary was dismissed, and the solicitor was awarded costs.