Prothonotary v Del Castillo

The Prothonotary of the Supreme Court of New South Wales brought proceedings against Mr Del Castillo, a legal practitioner, seeking to have his name removed from the roll of legal practitioners. The dispute concerned Mr Del Castillo's conduct in connection with the death of a friend, which led to his prosecution and trial for murder. Although Mr Del Castillo was acquitted of the murder charge, the Prothonotary alleged that his conduct was such that he was not of good fame and character and was not a fit and proper person to remain on the roll. The proceedings were heard by Mason P, Priestley and Heydon JJA in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether Mr Del Castillo's conduct, which occurred prior to his admission to legal practice and was unrelated to his professional duties, constituted professional misconduct justifying his removal from the roll of legal practitioners under section 127(1)(b) of the *Legal Profession Act 1987* (NSW). This required the court to determine if his actions demonstrated that he was not of good fame and character or a fit and proper person to practice law.

The Court of Appeal found that the conduct in question, while serious and occurring in a context of significant personal tragedy, did not demonstrate that Mr Del Castillo lacked the character or probity required of a legal practitioner. The court considered that the acquittal at the murder trial was a significant factor, and that the events, viewed in their entirety and in light of Mr Del Castillo's subsequent admission and practice, did not warrant the severe sanction of removal from the roll. The court applied principles relating to the assessment of fitness and propriety for admission and continued practice, distinguishing between conduct that is professionally relevant and conduct that, even if serious, does not impugn a practitioner's suitability to practice.

The Court of Appeal dismissed the Prothonotary's amended summons and ordered that the Prothonotary pay Mr Del Castillo's costs.