Council of the New South Wales Bar Association v Rollinson; Council of the New South Wales Bar Association v Rollinson [2022] NSWSC 407

Supreme Court New South Wales

Medium Neutral Citation: Council of the New South Wales Bar Association v Rollinson; Council of the New South Wales Bar Association v Rollinson [2022] NSWSC 407 Hearing dates: 16 March 2022 Date of orders: 8 April 2022 Decision date: 08 April 2022 Jurisdiction: Common Law Before: Beech-Jones CJ at CL Decision: (1) The Court declares that Michael Rollinson is in contempt of this Court for breaching the undertaking given by him to the Court on 6 August 2021 by his conduct on 10 August 2021 in sending an email and attachments to the Registrar of the Court of Appeal and certain legal practitioners. (2) The Court declares that Michael Rollinson is in contempt of this Court for breaching the orders made by Wilson J on 16 August 2021 by his conduct between 23 August 2021 and 20 October 2021 in engaging in legal practice in New South Wales and representing or implying that he was entitled to engage in legal practice in New South Wales. (3) The Court declares that Michael Rollinson is in contempt of Court for breaching orders 1(a)(ii) and 1(b)(i) and Order 5 made by Campbell J on 16 September 2021 by his conduct on 17 September 2021 in communicating with an employee or officer of the Local Court of New South Wales in relation to the matter of Vinja Holdings Pty Ltd v Style Investments Pty Ltd, appearing in that matter and appearing as an advocate in the Local Court at Wollongong in that matter on that day. (4) Michael Rollinson is committed to a correctional centre for a period of 9 months commencing on the date of his arrest. (5) Order that the terms of imprisonment imposed by order (4) be suspended on condition that for a period of 3 years from today, Michael Rollinson, comply with order (1) made by Wilson J on 16 August 2021 in proceedings No 2021/00224727. (6) Grant the parties liberty to apply on 7 days' notice in respect of any application to lift the suspension imposed by order 5. (7) The contemnor, Michael Rollinson, is to pay the costs of the Bar Council of the New South Wales Bar Association of the notice of motion filed on 15 September 2021 in proceedings No 2021/00224727 and the notice of motion filed on 29 September 2021 in proceedings No 2021/00265078. (8) The notice of motion filed on 15 September 2021 in proceedings No 2021/00224727 and the notice of motion filed on 29 September 2021 in proceedings No 2021/00265078 be otherwise dismissed. Catchwords: CONTEMPT – Barrister – ceased to hold practising certificate – continued to practice – gave undertaking to Bar Association – breached – gave undertaking to Court – breached – injunctions issued by Court – breached – wilful disobedience to Court orders – plea of guilty – psychiatric condition – approach to imposition of punishment – imprisonment – suspension of punishment Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Supreme Court Rules 1970 Cases Cited: AMIEU v Mudginberri Station Pty Ltd (1986) 161 CLR 98; [1986] HCA 46 Barbaro v The Queen (2014) 253 CLR 58 Cahyadi v R (2007) 168 A Crim R 41; [2007] NSWCCA 1 CFMEU v Boral (2015) 256 CLR 375; [2015] HCA 21 Council of the New South Wales Bar Association v Rollinson [2021] NSWSC 1090 Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; 205 A Crim R 1; [2010] NSWCCA 194 Dowling v Prothonotary of the Supreme Court (2018) 99 NSWLR 229; [2018] NSWCA 340 Johnson v The Queen [2004] 78 ALJR 616; [2004] HCA 15; Kazal v Thunder Studios Inc (California) (2017) 256 FCR 90; [2017] FCAFC 111 Mill v The Queen (1988) 166 CLR 59 Mirus Australia Pty Ltd v Gage [2018] NSWSC 35 NHB Enterprises Pty Ltd v Corry (No 8) [2022] NSWSC 97 Pelechowski v Registrar, Court of Appeal (NSW) (1999) 198 CLR 435; [1999] HCA 19 R v Zamagias [2002] NSWCCA 17 Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309 Stanizzo v Fregnan; Stanizzo v Badarne; Stanizzo v State of New South Wales [2021] NSWCA 195 Sun v He (No 2) [2020] NSWSC 1298 Valentine v The Queen [2020] NSWCCA 116 Witham v Holloway (1995) 183 CLR 525; [1995] HCA 3 Category: Principal judgment Parties: Council of the New South Wales Bar Association (Plaintiff) Michael Rollinson (Defendant) Representation: Counsel: Ms K Richardson (Plaintiff) Ms B Tronson; Mr D Bhutani (Defendant)