Council of the New South Wales Bar Association v Rollinson (No 2) [2023] NSWSC 1390

Supreme Court New South Wales

Medium Neutral Citation: Council of the New South Wales Bar Association v Rollinson (No 2) [2023] NSWSC 1390 Hearing dates: 15 November 2023 Date of orders: 15 November 2023 Decision date: 15 November 2023 Jurisdiction: Common Law Before: Payne JA Decision: (1) Remand the proceedings for sentence to 13 November 2024 at 10am on the condition that Mr Rollinson enter an agreement to comply with the following conditions: (a) To be of good behaviour (which includes, for the avoidance of doubt, compliance with the orders of the Court made by Wilson J on 16 August 2021 and Campbell J on 16 September 2021). (b) To accept no contact from and initiate no contact with Vincent Stanizzo. (c) To attend the medical practice East Sydney Doctors at 102 Burton Street, East Sydney, at least once every three months and to accept all reasonable advice, treatment and referral. (d) Upon the receipt of his Medicare Card, to make an appointment within 7 days to attend the Memory and Cognition Clinic at the Prince Alfred Hospital and thereafter accept the treatment, assistance and supervision made available to him by the staff of the Centre. (e) To appear before the Supreme Court as directed. (f) A written report about compliance with orders (a) to (e) is to be provided by email to the plaintiff's representatives and to the Associate to Payne JA by 9 February 2024 at 4pm. (g) A further report about compliance with orders (a) to (e) is to be provided by email to the plaintiff's representatives and to the Associate to Payne JA by 6 November 2024 at 4pm. (h) Liberty to apply to the Court for a variation of the conditions on 3 days notice. (2) Adjourn the plaintiff's application for costs on the amended notice of motion filed on 23 September 2022 and the notice of motion filed 11 August 2022 until 13 November 2024. Catchwords: CONTEMPT – Criminal contempt – barrister serving suspended sentence for earlier contempts for breach of undertaking and injunction – further breaches – plea of guilty – significant new psychiatric evidence – cognitive decline – whether suspension of sentence should be lifted – Griffiths remand – approach to imposition of punishment for further breaches Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Evidence Act 1995 (NSW) Supreme Court Rules 1970 (NSW) Cases Cited: Australasian Meat Industry Employees' Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98 Australian Consolidated Press Ltd v Morgan (1965) 112 CLR 483 Australian Securities and Investments Commission v Matthews [2009] NSWSC 285; (2009) 71 ACSR 279 Construction, Forestry, Mining and Energy Union v Grocon Constructors (Victoria) Pty Ltd (2014) 47 VR 527; [2014] VSCA 261 Council of the New South Wales Bar Association v Rollinson [2022] NSWSC 407 Director of Public Prosecutions (Cth) v De La Rosa (2010) 243 FLR 28; 205 A Crim R 1; [2010] NSWCCA 194 Dowling v Prothonotary of the Supreme Court (2018) 99 NSWLR 229; [2018] NSWCA 340 Doyle v Commonwealth of Australia (1985) 156 CLR 510 Fregnan v Stanizzo [2020] NSWSC 402 Griffiths v The Queen (1977) 137 CLR 293 Hearne v Street (2008) 235 CLR 125; [2008] HCA 36 Kazal v Thunder Studios Inc (California) (2017) 256 FCR 90; [2017] FCAFC 111 Lawrie v The Queen (1992) 59 SASR 400 Lewis v Ogden (1984) 153 CLR 682 Matthews v Australian Securities and Investments Commission [2009] NSWCA 155 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 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 Stanizzo v Fregnan [2021] NSWCA 195 Veen [No 2] v The Queen (1988) 164 CLR 465 Witham v Holloway (1995) 183 CLR 525 Category: Consequential orders Parties: Council of the New South Wales Bar Association (plaintiff) Michael Kelvyn Rollinson (defendant) Representation: Counsel: