Council of the New South Wales Bar Association v Chen [2024] NSWSC 349

Supreme Court New South Wales

Medium Neutral Citation: Council of the New South Wales Bar Association v Chen [2024] NSWSC 349 Hearing dates: 28 March 2024 Date of orders: 28 March 2024 Decision date: 28 March 2024 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) Pursuant to s 447(2) and (3) of the Legal Profession Uniform Law 2014 (NSW), an injunction is to operate during the period in which Yu-Sheng (Alton) Chen, the defendant, does not hold a current Australian Practising Certificate, issued by the Council of the New South Wales Bar Association, including: (a) Restraining the defendant from engaging in legal practice in New South Wales; and (b) Restraining the defendant from advertising or representing, or doing anything that states or implies, that he is entitled to engage in legal practice in New South Wales. (2) The defendant is to pay the plaintiff's costs. Catchwords: OCCUPATIONS – legal practitioners – misconduct and discipline – barrister apparently practising without current practising certificate – injunction to restrain contraventions of Legal Profession Uniform Law Legislation Cited: Legal Profession Uniform Law 2014 (NSW), s 447 Category: Principal judgment Parties: Council of the New South Wales Bar Association (Plaintiff) Yu-Sheng (Alton) Chen (Defendant) Representation: Counsel: P Griffin SC (Plaintiff)

Solicitors: Hicksons Lawyers (Plaintiff) File Number(s): 2023/452953 Publication restriction: Nil

EX TEMPORE JUDGMENT (REVISED) 1. This matter comes before me today for the purposes of a hearing of a summons filed by the plaintiff on 15 December 2023 naming the defendant Yu-Sheng (Alton) Chen as the defendant. 2. The plaintiff, being the Council of the New South Wales Bar Association ("the Bar Association"), seeks orders pursuant to s 447(2) and (3) of the Legal Profession Uniform Law 2014 (NSW) ("Uniform Law") in the nature of an injunction to operate during the period in which the defendant does not hold a current Australian practising certificate issued by the Bar Association, including: 1. restraining the defendant from engaging in legal practice in New South Wales; and 2. restraining the defendant from advertising or representing or doing anything that states or implies that he is entitled to engage in legal practice in New South Wales. 1. In essence, the Bar Association is seeking an order restraining the defendant, formerly a barrister, from engaging in practice without a practising certificate. 2. In support of the summons, the plaintiff relies on five affidavits being: 1. an affidavit of Andreas Heger dated 13 December 2023; 2. two affidavits of Tayah Lee Stevenson dated 13 December 2023 and 27 March 2024; 3. an affidavit of Yu Chen dated 13 December 2023; and 4. an affidavit of Joseph Khoury dated 21 March 2024. 1. The proceedings were first listed on 14 December 2023, at which time Harrison CJ at CL made orders that the defendant be restrained from engaging in legal practice and further orders relating to an abridgement of time for service as well as the effecting of further service. 2. Thereafter, the matter came before Campbell J on 5 March 2024, at which time his Honour extended the interim restraining order and made orders in respect of service upon the defendant. 3. I have had regard to the affidavits of service and I am satisfied that service has been effected in accordance with the earlier orders of the Court. The matter was called today but there was no appearance by the defendant. 4. I note that there was a typographical error in the original affidavit of Ms Stevenson. She referred to the street number of the address as being 206 rather than 208. That has now been corrected. It is of no consequence because the documents were served at the correct address, that is unit 208. 5. I note also that every attempt to contact the defendant by the Bar Association has been met with silence, and, indeed, despite the Bar Association attempting to contact the defendant well before October 2023, it is apparent from the transcript of proceedings in the Local Court that the defendant was continuing to hold himself out as a barrister and, indeed, appear.