New South Wales Bar Association v Caffrey (No 3) [2008] NSWADT 85

CITATION: New South Wales Bar Association v Caffrey (No 3) [2008] NSWADT 85

DIVISION: Legal Services Division

APPLICANT Council of the New South Wales Bar Association PARTIES: RESPONDENT Bradford Arthur Caffrey

FILE NUMBER: 032027

HEARING DATES: 11-12 February 2008

SUBMISSIONS CLOSED: 12 February 2008

DATE OF DECISION: 18 March 2008

BEFORE: Blacket P SC - Judical Member; Wright R SC - Judical Member; Bennett C - Non Judicial Member

CATCHWORDS: Barrister – disciplinary application

MATTER FOR DECISION: Principal matter

LEGISLATION CITED : Legal Professions Act 1987 Legal Profession Act 2004

Beevis v Dawson [1957] 1 QB 195 Clyne v New South Wales Bar Association (1960) 104 CLR 186 at 200-201 CASES CITED: Ex Parte Bellanto: re Prior (1962) 63 S.R.(N.S.W.) 190 at 204 Lewis v Judge Ogden (1984) 153 CLR 682 at 69 Prothonotary of the Supreme Court v Costello (1984) 3 NSWLR 201 Rondel v Worsley (1969) 1 AC 191 at 227

APPLICANT P Skinner, barrister REPRESENTATION: RESPONDENT M Barko, barrister

1. Having made these findings and as requested by the parties, we now invite submissions in relation to any orders which the Tribunal should make and in particular whether the Tribunal should make an order that its decision be published and whether any reprimand should be public or private ORDERS: 2. The Tribunal would also like submissions in relation to all other ancillary orders including the question of costs 3. In order to save time and expense, we direct that both parties file their submissions within fourteen (14) days of this decision being published and that as soon as possible thereafter the Registrar be approached to fix a date for the further hearing and disposal of the matter.