THE NEW SOUTH WALES BAR ASSOCIATION v Ian Marshall MOORE [1993] NSWCA 265

THE NEW SOUTH WALES BAR ASSOCIATION v Ian Marshall MOORE SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

MAHONEY JA 17 February 1993

[1993] NSWCA 265

Mahoney JA. This application came before the court on Monday last, 15 February 1993. The application is for the removal of Mr Moore's name from the roll of barristers.

The matter was before the court on Monday last for interlocutory orders and for an order to secure that Mr Moore not practice as a barrister pending the determination of the application. The court, as it was then constituted, expressed the view that some arrangements should be made to ensure that Mr moore did not practice pending the determination of the application or further order. It was suggested that this might conveniently be achieved by an undertaking rather than by an interim order or suspension. Mr Moore has, as I understand it, agreed to this course.

The matter is listed before me sitting alone this morning on an interlocutory basis in accordance with the Supreme Court Act. Mr Moore has, by his solicitor, Mr Bowe, tendered an undertaking that he will not practice as a barrister until thedetermination of the proceedings or until further order of the court.

The court notes that undertaking which I shall initial and place with the papers and on that basis the matter will be stood over to a convenient date so that the final determination of the matter can be undertaken.

The court on Monday last indicated the desirability of the matter being brought on without unnecessary delay. It did this having regard to the position in which Mr Moore is placed and to the significance of it, if the ultimate result of the proceedings should be that his name is not removed from the roll or he is not suspended or otherwise dealt with.

I note that what I have said and the acceptance of this undertaking is, of course, no indication that the court has formed any view in relation to the ultimate disposition of the matter. What is done in due course will depend upon the case as it is put before the court at the final hearing.