Council of the New South Wales Bar Association v Archer (No 6) [2005] NSWADT 149

CITATION: Council of the New South Wales Bar Association v Archer (No 6) [2005] NSWADT 149 DIVISION: Legal Services Division APPLICANT Council of the New South Wales Bar Association PARTIES: RESPONDENT Stephen John Archer THIRD PARTY Sara Anne Archer FILE NUMBER: 032019 HEARING DATES: 26/05/2005 SUBMISSIONS CLOSED: 05/26/2005 DATE OF DECISION: 07/04/2005

BEFORE: Chesterman M - ADCJ (Deputy President); Norton S SC - Judicial Member; Bennett C - Non Judicial Member APPLICATION: MATTER FOR DECISION: Preliminary matter LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Grassby v R (1989) 168 CLR 1 Ishac v David Securities Pty Limited, Unreported, Supreme Court of New South Wales, 13 December 1991 (BC 9101344) John Fairfax & Sons v Police Tribunal (1986) 5 NSWLR 465 CASES CITED: John Fairfax Group Pty Ltd v Local Court of New South Wales (1991) 26 NSWLR 131 Lewis v Nortex Pty Limited [2002] NSWSC 1064 Pelechowski v Registrar, Court of Appeal (NSW) (1999) 198 CLR 435 Trade Practice Commission v Arnotts Ltd (No 2) (1989) 21 FCR 306 APPLICANT P R Garling SC, barrister G M Gregg, barrister REPRESENTATION: RESPONDENT In person THIRD PARTY J Ireland QC, barrister ORDERS: Orders made 26 May 2005; 1. The Tribunal possesses the power to make an order for examination of the recipient of a summons issued under s 84 of the Administrative Decisions Tribunal Act 1997.; 2. In determining whether an appropriate case has arisen for exercise of this power, the question to be asked is whether there is a 'real issue' as to the sufficiency of such production as has occurred; 3. The range of matters that may be addressed in examination of the recipient of a summons is as outlined in paragraph 65 of these reasons; 4. Section 168(1) of the Legal Profession Act 1987, requiring the rules of evidence to be applied, should extend to each of the present applications for examination of the recipient of a summons.