Prothonotary of the Supreme Court of New South Wales v Tatar

The Prothonotary of the Supreme Court of New South Wales brought proceedings against Mr. Tatar, a solicitor, before the Supreme Court of New South Wales. The dispute concerned Mr. Tatar's fitness to remain on the Roll of Solicitors, arising from his failure to disclose prior offences of dishonesty when he applied for admission to practice, and subsequent offences of dishonesty committed after his admission.

The Court was required to determine whether Mr. Tatar had been guilty of professional misconduct, whether he was of good fame and character, and whether he was a fit and proper person to remain on the Roll of Solicitors. Specifically, the Court considered the implications of his undisclosed 1997 offences and his later dishonest conduct.

The Court found that Mr. Tatar's failure to disclose his 1997 offences constituted a deliberate misleading of the Legal Profession Admission Board. Coupled with his subsequent dishonest conduct, this demonstrated a lack of good fame and character and rendered him not a fit and proper person to remain on the Roll. The Court applied principles relating to the disclosure obligations of applicants for admission and the standards of honesty and integrity expected of legal practitioners.

The Court made declarations and orders as sought by the Summons, including declarations that Mr. Tatar was guilty of professional misconduct and was not a fit and proper person to remain on the Roll of Solicitors. The Court also ordered his removal from the Roll.