Prothonotary of the Supreme Court of NSW v Assi

The Prothonotary of the Supreme Court of New South Wales brought proceedings against Mr Assi, a legal practitioner. The dispute concerned allegations of professional misconduct, specifically the misappropriation of moneys and obtaining money by deception. The matter was heard by the Court of Appeal of New South Wales.

The Court of Appeal was required to determine whether Mr Assi had engaged in professional misconduct, whether he lacked good fame and character, and whether he was unfit to practice law. These determinations were necessary to consider the appropriate disciplinary action.

The Court found that Mr Assi had engaged in professional misconduct and lacked good fame and character, and was therefore unfit to practice. These findings were made on the basis of admissions and consent by Mr Assi to declarations of unfitness and professional misconduct. The Court applied the principles governing the disciplinary jurisdiction over legal practitioners, which require the protection of the public and the reputation of the legal profession.

Consequently, the Court of Appeal ordered that the name of Mr Assi be removed from the local roll of legal practitioners.