Roulstone v New South Wales Bar Association [2015] NSWSC 5

Supreme Court New South Wales

Medium Neutral Citation: Roulstone v New South Wales Bar Association [2015] NSWSC 5 Hearing dates: 19 January 2015 Date of orders: 23 January 2015 Decision date: 23 January 2015 Jurisdiction: Common Law Before: Davies J Decision: Upon the Plaintiff giving the undertaking below the Plaintiff forthwith be granted a practising certificate as a barrister for the balance of the year ending 30 June 2015.

Undertaking The Plaintiff undertakes that upon being requested by the Court to do so, he will surrender the practising certificate granted. Catchwords: PROFESSIONS AND TRADES – lawyers – barristers – practising certificates – fitness and propriety – deemed refusal by Bar Association to grant practising certificate – appeal from deemed refusal – interim order sought for issue of certificate pending final hearing – test to be applied for interim order – whether principles relating to mandatory injunctions relevant – outstanding contempt charge against applicant – whether full and frank disclosure made – balance of convenience – protection of the public – interim order made Legislation Cited: Legal Profession Act 2004 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Barakat v The Law Society of New South Wales [2014] NSWSC 773 Business World Computers Pty Ltd v Australian Telecommunications Commission (1988) 82 ALR 499 Films Rover International Ltd v Cannon Films Sales Ltd [1986] 3 All ER 772 Roulstone v Law Society of NSW [2013] NSWADT 272 Category: Procedural and other rulings Parties: Scott John Roulstone (Plaintiff) New South Wales Bar Association (Defendant) Representation: Counsel: T Lynch SC & T Vernier (Plaintiff) A M Stewart (Defendant)