THE NEW SOUTH WALES BAR ASSOCIATION v Ian Marshall MOORE [1993] NSWCA 264

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

MAHONEY JA, PRIESTLEY JA and CLARKE JA 15 February 1993

[1993] NSWCA 264

Mahoney JA. This is an application brought in a summons seeking the primary order that Mr Moore be removed from the roll of barristers. Interlocutory orders have been made in respect of the evidence to be adduced and there is no need for me to refer further to that matter.

An application has been made by the Bar Association for an order that pending the final determination of the matter Mr Moore be restrained from acting as a barrister.

The facts are not significantly in dispute. I say that by way of incorporating the terms of the affidavits. However, the colour and the details and perhaps a good deal of the background of the facts remain to be explained. But the facts which are not in dispute raise matters of considerable seriousness. In my opinion, this is a matter in which the Court ought to take steps for the purposes of protection of the public and other purposes appropriate to such anapplication and to ensure that Mr Moore is not embarrassed by practising in the meantime.

This has been indicated to the parties by the Court. The question has arisen as to the convenient manner for doing this. It may be that an order for temporary suspension is formally the method of achieving the appropriate result. However, it may be that Mr Moore would prefer to undertake to the Court that he will not practice pending the determination of the matter or further order. That is a matter for him to consider and as I have made clear his consideration of that should be free and unfettered. Mr Bowe, appearing for him, has asked for an adjournment until, as it now appears, Wednesday in order to get instructions in relation to the matter and that is an appropriate course. In my opinion the proceedings should be stood over to Wednesday next. At that time it may be that the parties will have agreed upon the order to be made in this respect. If they have it will be of convenience if they notify the Court beforehand, that is before Wednesday, so that appropriate arrangements can be made for the matter to be dealt with summarily and without upsetting the rest of the list.