Nash v Council of the New South Wales Bar Association [2013] NSWCA 466

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Nash v Council of the New South Wales Bar Association [2013] NSWCA 466 Hearing dates: 13 September 2013 Decision date: 20 December 2013 Before: Bathurst CJ at [1] Leeming JA at [2] Tobias AJA at [3] Decision: 1.Appeal allowed in part. 2.Set aside Order (2) made by the Tribunal on 29 October 2012, insofar as that Order relates to Ground 1(b) of the Application for Original Decision. 3.Otherwise dismiss the appeal. 4.The appellant to pay two-thirds of the respondent's costs of the appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: DISCIPLINARY PROCEEDINGS - barrister - professional misconduct - allegation that barrister knowingly gave false evidence in proceedings in which she was a party - whether Tribunal failed to consider relevant evidence Legislation Cited: Administrative Decisions Tribunal Act 1997 Evidence Act 1995, s 140 Legal Profession Act 2004, ss 5, 497, 504, 506, 537, 539, 562, 729A Cases Cited: Ferizis v Nash [2007] NSWDC 108 MacKenzie v The Queen [1996] HCA 35; 190 CLR 348 Category: Principal judgment Parties: Christine Nash (Appellant) Council of the New South Wales Bar Association (Respondent) Representation: Counsel: