Prothonotary of the Supreme Court of New South Wales v Yousif

The Prothonotary of the Supreme Court of New South Wales brought proceedings against Alina Yousif, a solicitor, seeking a declaration that she was not a fit and proper person to remain on the Roll of Australian Lawyers. The dispute arose from Ms Yousif's criminal convictions for participating in a criminal group, using a false document with the intent to influence a public official, and knowingly taking part in the supply of a prohibited drug. The proceedings were heard by Ward ACJ, Ball JA, and Basten AJA of the Supreme Court of New South Wales.

The central legal issue before the Court was whether Ms Yousif was a fit and proper person to remain on the Roll of Australian Lawyers, notwithstanding that she had completed an intensive correction order in respect of her convictions. The Court was required to determine if her past conduct rendered her unfit to practice law indefinitely into the future.

The Court considered Ms Yousif's criminal convictions and the nature of the offences, which involved dishonesty and serious criminal conduct. While acknowledging that Ms Yousif had served her sentence, the Court found that the gravity of her offending demonstrated a fundamental lack of probity and judgment. The Court concluded that the conduct was so serious that it was not possible to be satisfied that Ms Yousif would be a fit and proper person to practice law for the indefinite future.

Accordingly, the Court declared that Alina Yousif is not a fit and proper person to remain on the Roll of Australian Lawyers and ordered that her name be removed from the Roll. Ms Yousif was also ordered to pay the Prothonotary's costs of the proceedings.