The Prothonotary of the Supreme Court of New South Wales v Sukkar

The Prothonotary of the Supreme Court of New South Wales brought proceedings against Steven Sukkar, a legal practitioner, seeking declarations that he was not of good fame and character, had engaged in professional misconduct, and was not a fit and proper person to remain on the Roll of lawyers. The dispute arose from Mr Sukkar's conviction for being knowingly concerned in the importation of a significant quantity of ecstasy, for which he was sentenced to 14 years imprisonment with a non-parole period of nine years. Mr Sukkar opposed the removal of his name from the Roll, arguing for a lesser sanction such as suspension until his release from custody.

The court was required to determine whether Mr Sukkar's conviction for the serious drug importation offence rendered him a person not of good fame and character. It also had to consider whether his evidence given on oath in September 2003, stating he had not been knowingly concerned in the importation before a specific date, which was found to be false to his knowledge, constituted professional misconduct. Ultimately, the court had to decide if, in light of these findings, Mr Sukkar was a fit and proper person to continue practising law.

The court reasoned that Mr Sukkar's conviction for being knowingly concerned in the importation of a large quantity of ecstasy, a serious criminal offence, established that he was not a person of good fame and character. Furthermore, the court found that Mr Sukkar had given false evidence on oath during proceedings in September 2003, specifically regarding his involvement in the importation prior to December 2001. This finding of perjury, coupled with his conviction for the importation offence, led the court to conclude that he had engaged in professional misconduct.

Consequently, the Supreme Court declared that Steven Sukkar was not a fit and proper person to remain on the Roll of lawyers of New South Wales. The court ordered that his name be removed from the Roll and that he pay the Prothonotary's costs of the proceedings.