The Supreme Court has quashed a suspension imposed by the state’s legal regulator which prohibited charged gangland lawyer Sarah Tricarico from practising law.
The Legal Services Board suspended Tricarico’s practising certificate without notice on March 14, the day after Victoria Police advised it the 38-year-old had been charged with attempting to pervert the course of justice.
Underworld lawyer Sarah Tricarico leaves Melbourne Magistrates’ Court earlier this year. Credit: Jason South
On Wednesday, Supreme Court judge Peter Gray ruled the decision by the legal board to immediately suspend Tricarico’s practising certificate used a “very severe power” that should be reserved only for emergencies.
He deemed it legally unreasonable that this was done without giving her notice of the decision or the chance to be heard.
“The imposition of an immediate suspension without notice was the most far-reaching
outcome available to the delegate at the time,” Gray said.
“The ramifications of immediate suspension for the holder could reasonably be expected to be severe.
“It is an emergency measure. Yet, the delegate had only a flimsy basis for making that decision – a bare allegation, unsupported by any evidence or other probative information.”
Tricarico was arrested by Victoria Police’s criminal proceeds squad and charged with attempting to pervert the course of justice as part of evidence allegedly uncovered during a sting that tricked underworld figures into using an encrypted phone system run by police in 2021.
Tricarico, who established her firm, Sarah Tricarico Lawyers, in 2016, has represented a host of underworld figures including convicted murderer George Marrogi and members of the Haddara, Barbaro and Tiba crime families.
Practising lawyers and barristers in Victoria must hold a practising certificate on top of their relevant qualifications to be legally permitted to act on behalf of clients.
The government licensing service website says it is a requirement of the certificate that members of the profession abide by all industry legislation and codes of practice, and provide relevant information as required by the authority.
The certificates must be renewed annually for a fee, and a registration can lapse if not renewed.
Earlier this year, Tricarico won a bid to allow her to represent high-profile client Tony Mokbel in his bail and appeal hearings.
Drug kingpin Tony Mokbel walked from custody for the first time in almost 20 years earlier this year.Credit: Daniel Pockett
A Supreme Court judge ordered in March that Tricarico be allowed to continue working under supervision with current clients, on the condition she doesn’t take on anyone new, to avoid disruptions to their cases.
Gray said at the time that the allegations were more than six years old, with no suggestion Tricarico was at risk of committing further offences. He said Tricarico intended to plead not guilty and there was a recognised presumption of innocence in the state’s justice system.
“There is also public interest in ensuring access to legal representatives for imminent court proceedings and avoiding disruptions in listed matters … particularly those involving issues of liberty,” Gray said.
Tricarico is due to face the Melbourne Magistrates’ Court on June 5.
With Chris Vedelago and Erin Pearson
Start the day with a summary of the day’s most important and interesting stories, analysis and insights. Sign up for our Morning Edition newsletter.