Roulstone v New South Wales Bar Association [2015] NSWSC 1749

Supreme Court New South Wales

Medium Neutral Citation: Roulstone v New South Wales Bar Association [2015] NSWSC 1749 Hearing dates: 10-16 June 2015; 11 August 2015 Decision date: 25 November 2015 Jurisdiction: Common Law Before: Hall J Decision: (1) Order the time for the appeal by the plaintiff pursuant to s 108 of the Legal Profession Act 2004 is extended to the date of the filing of the Summons filed in these proceedings, namely, 9 December 2014. (2) Appeal allowed. (3) A declaration that the deemed refusal of the plaintiff's application to the Bar Association of New South Wales for a practising certificate made on 24 June 2014 for the period from 1 July 2014 to 30 June 2015 be set aside. (4) Order that the defendant, the New South Wales Bar Association, grant to the plaintiff a local practising certificate pursuant to s 48 of the Legal Profession Act 2004 for the year ending 30 June 2016. Catchwords: ADMINISTRATIVE LAW – Legal Profession Act 2004 (NSW) – Appeal under s 108 Legal Profession Act 2004 from deemed refusal by the defendant of the plaintiff's application for a barrister's practising certificate – Whether plaintiff meets requirements for grant of practising certificate – Whether plaintiff is of good fame and character – Serious allegations made by the Bar Association of breach of undertaking given to this Court by the plaintiff and breach of an order made by this Court against the plaintiff prohibiting him from communicating with former clients – Two instances of communication relied upon by the defendant as amounting to breach - Whether evidence establishes communications by plaintiff in breach of undertaking or order – Held that evidence not capable of establishing any breach by the plaintiff of either the undertaking or order – Deemed refusal of plaintiff's application for practising certificate set aside – Order made that the defendant grant the plaintiff a barrister's practising certificate for the year finishing 30 June 2016. ADMINISTRATIVE LAW – Legal Profession Act 2004 (NSW) – Appeal under s 108 Legal Profession Act 2004 from deemed refusal by the defendant of the plaintiff's application for a barrister's practising certificate – Whether plaintiff failed to discharge his duty of candour during the application process – Responses given to Notice seeking information issued under s 660 Legal Profession Act were incomplete but not wilfully misleading or false. Legislation Cited: Legal Profession Act 2004 Legal Profession Uniform Law Application Act 2014 Cases Cited: A Solicitor v Council of the Law Society of New South Wales [2004] HCA 1; 216 CLR 253 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Bannister v Walton (1993) 30 NSWLR 699 Barakat v Law Society of New South Wales [2014] NSWSC 773 Briginshaw v Briginshaw (1938) 60 CLR 336 Coe v New South Wales Bar Association [2000] NSWCA 13 Comeskey v The New South Wales Bar Association [2015] NSWSC 824 Council of the New South Wales Bar Association v Power [2008] NSWCA 135; 71 NSWLR 451 Forster v Legal Services Board [2013] VSCA 73 Garde-Wilson v Legal Services Board [2007] VSC 225 Helton v Allen (1940) 63 CLR 691 Incorporated Law Institute of New South Wales v Meagher [1909] HCA 87; (1909) 9 CLR 655 Jackson (previously known as Subramaniam) v Legal Practitioners Admission Board [2006] NSWSC 1338 New South Wales Bar Association v Meakes [2006] NSWCA 340 New South Wales Bar Association v Murphy [2002] NSWCA 138; 55 NSWLR 23 New South Wales Bar Association v Thomas (No 2) (1989) 18 NSWLR 193 Prothonotary of the Supreme Court of New South Wales v Hendrick Jan Van Es [2014] NSWCA 169 Rafailidis v Camden Council [2015] NSWCA 185 Re Davis (1947) 75 CLR 409 Re Deo [2005] NTSC 58 Re OG, A Lawyer (2007) 18 VR 164 Rejfek v McElroy (1965) 112 CLR 517 Roulstone v New South Wales Bar Association [2015] NSWSC 5 Veghelyi v Council of the Law Society of New South Wales (1989) 17 NSWLR 669; Law Society of New South Wales v Glenorcy (2006) 67 NSWLR 169 at [14], Barakat v the Law Society of New South Wales [2014] NSWSC 773 Wentworth v New South Wales Bar Association [1992] HCA 24; (1992) 176 CLR 239 Ziems v Prothonotary of the Supreme Court of New South Wales (1957) 97 CLR 279 Category: Principal judgment Parties: Scott John Roulstone (Plaintiff) The New South Wales Bar Association (Defendant) Representation: Counsel: B Coles QC; T Vernier (Plaintiff) A M Stewart SC; Y Shariff