THE NEW SOUTH WALES BAR ASSOCIATION v Ian Marshall MOORE [1993] NSWCA 265
NSW Caselaw
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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.
The order that I will make, therefore, is that having noted the undertaking to
which I have referred, the matter will be stood over to a convenient date.
The parties are agreed that 15 March 1993 is a convenient date and the matter
will be stood over until that date.
Orders accordingly.