NEW SOUTH WALES BAR ASSOCIATION v PRINCE [1993] NSWCA 192

NEW SOUTH WALES BAR ASSOCIATION v PRINCE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, PRIESTLEY and CLARKE JJ 15 February 1993, 2 March 1993

[1993] NSWCA 192

Barristers — Application for removal from Roll of name of English barrister — Failure to disclose facts on application for admission — Notice of Application — Exchange of correspondence and fax messages and telephone conversations — Notice sufficient.

Mahoney, Priestley and Clarke JJ The New South Wales Bar Association ("the Bar') has brought proceedings againstRoger Graham Prince, a person whose name appears on the Roll of Barristers of this Court. The Bar seeks an order that Mr Prince's name be removed from the Roll of Barristers.

The Bar is entitled to the order that it seeks. In accordance with the practice generally followed by this Court, the Court will record in summary form the circumstances in which the order is made.

The proceeding has been brought by the New South Wales Bar Association. That body is an incorporated body. It has for many years played a part in the steps taken by this Court in relation to the admission, discipline and disbarment of members of the New South Wales Bar. The control of these matters has been exercised by this Court as part of the jurisdiction traditionally exercised by it. The position of members of the New South Wales Bar is now, to an extent, affected by the Legal Profession Act 1987. Some aspects of the operation of that Act were considered by the High Court in Wentworth v New South Wales Bar Association (1992) 66 ALJR 360.

Mr Garling, for the Bar, has submitted that the Bar, as an incorporated body is the proper body to take proceedings to secure the removal from the Roll of a barrister. Reference was made in argument to Wentworth v New South Wales Bar Association and what was there said as to the standing of the Bar and of the Council of that Association. It is not necessary for the Court, in the present proceeding, to examine in detail what is the proper body to bring proceedings of the present kind or to determine formally whether it is the Bar, as an Association, or the Council of that Association, which is the proper or an appropriate party. If and insofar as the Bar, as an Association, is not, as of right, the party to bring the present proceeding, it is a body which the Court may, in the exercise of its powers to regulate procedures of this kind, authorise to seek orders of this kind. If and insofar as it is necessary to do so, such authority is given. If and insofar as it is necessary, the Court directs that that order take effect nunc pro tunc.