WENTWORTH v NSW BAR ASSOCIATION [1994] NSWCA 342

WENTWORTH v NSW BAR ASSOCIATION

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MCLELLAND, CARRUTHERS and STUDDERT JJA 2 to 6 and 9 to 13 August, | and 2 November 1993, 14 February 1994 [1994] NSWCA 342

LEGAL PRACTITIONERS — Application for admission as a barrister — Opposed by NSW Bar Association — Court is to be satisfied that applicant is "suitable... for admission" independently of whether applicant is 'of good fame and character" — Resolution of Bar Council to oppose application is of no probative value on question of applicant's suitability, where disclosure of counsel's opinion considered by Bar Council was successfully resisted on ground of legal professional privilege — Conduct of applicant as litigant in person — Likelihood of similar conduct as barrister acting for clients — Decision of trial judge dismissing application upheld — Legal Profession Act 1987, s4 and s9.

McLelland, Carruthers and Studdert JJA This is an appeal against an order of Campbell J made on 23 December 1992 dismissing an application by the appellant for admission as a barrister. The primary ground on which his Honour dismissed the application was that the appellant had not been shown to be a person suitable for admission as a barrister in that

(1) it was likely that the appellant would "abuse the privilege conferred upon a barrister as to the making of defamatory allegations" and would not "properly discharge the responsibility that privilege carries with it";

(2) the appellant lacked "understanding of a fundamental matter of proper conduct" in relation to the making of applications constituting abuses of the process of the Court, and that situation was unlikely to change; and

(3) it was doubtful "that the Court could have confidence in the truth of what [the appellant] says".

Campbell J also found that having regard to the material upon which he made findings (1)and (3) above, the appellant had not been shown to be of good character.