Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the New South Wales Bar Association v BRJ (No 5) [2016] NSWCATOD 121 Hearing dates: On the papers Date of orders: 22 September 2016 Decision date: 22 September 2016 Jurisdiction: Occupational Division Before: L P Robberds QC, Senior Member Decision: Pursuant to section 50 (2) of the Civil and Administrative Tribunal Act 2013, the Tribunal dispenses with a hearing. Orders 2 and 3 made on 16 July 2015 (as varied by orders made on 7 December 2015, 11 December 2015 and 30 March 2016) be varied to allow certain disclosures. Catchwords: Variation of orders. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Category: Procedural and other rulings Parties: Council of the New South Wales Bar Association (Applicant) BRJ (Respondent) Representation: Solicitors: Eakin McCaffery Cox (Applicant) File Number(s): 1320028 Publication restriction: No additional publication restriction reasons for decision 1. On 21 June 2016, the Council of the New South Wales Bar Association (the Bar Council) filed in the Occupational Division of the Tribunal, an application seeking orders varying orders 2 and 3 made by the Tribunal on 16 July 2015 (as varied by orders made on 7 December 2015, 11 December 2015 and 30 March 2016) in the proceedings Council of the New South Wales Bar Association v BRJ [2015] NSWCATOD 73. 2. The Tribunal is satisfied that the Respondent consents to the application being dealt with on the papers and also consents to the orders sought in the application (see the email correspondence between Jennifer Shaw, the solicitor for the Bar Council and the Respondent sent on 16 September 2016 at 5.19pm and on 17 September 2016 sent at 10:01pm and the attached draft letter from Ms Shaw to the Registrar). 3. The Tribunal has read the affidavit of Philip Selth affirmed 9 June 2016 filed in support of the application and is of the view that it is appropriate to deal with the application on the papers and that it should by consent make the orders sought. 4. The Tribunal therefore makes the following orders by consent: 1. Orders 2 and 3 made on 16 July 2015 (as varied by orders made on 7 December 2015, 11 December 2015 and 30 March 2016) be varied so that they do not preclude the respondent in these proceedings (the Respondent) from disclosing: 1. The decisions, reasons for decision and orders dated 16 July 2015 ([2015] NSWCATOD 73), 7 December 2015, 11 December 2015 ([2015] NSWCATOD 140) and 30 March 2016 ([2016] NSWCATOD 34) in these proceedings; 2. Documents and evidence filed with the Tribunal in these proceedings; and 3. Information about the proceedings, decisions, documents and evidence referred to in (a) to (c) above, to any person, body or entity. 1. Further, orders 2 and 3 made on 16 July 2015 (as varied by orders made on 7 December 2015, 11 December 2015 and 30 March 2016) be varied so that they do not preclude: 1. The Bar Council or any member of the Bar Council; and/or 2. The New South Wales Bar Association, or any of its officers or employees, from disclosing: 1. The Respondent's name; 2. The decisions, reasons for decision and orders dated 16 July 2015 ([2015] NSWCATOD 73), 7 December 2015, 11 December 2015 ([2015] NSWCATOD 140) and 30 March 2016 ([2016] NSWCATOD 34) in these proceedings. 3. Documents and evidence filed with the Tribunal in these proceedings; and 4. Information about the proceedings, decisions, documents and evidence referred to in (c) to (e) above, to any of the following persons, bodies or entities in connection with the Bar Council's exercise of its functions under the Legal Profession Act 2004 (NSW), the Legal Profession Uniform Law (NSW) 2014 and the Legal Profession Uniform Law Application Act 2014 (NSW) (as amended or substituted from time to time) and all regulations and rules made under or in connection with those Acts (as amended or substituted): 1. The Legal Services Council, and any member, committee, or delegate of the Legal Services Council; 2. The Commissioner for Uniform Legal Services Regulation, and any delegate of the Commissioner; 3. A local regulatory authority or corresponding authority within the meaning of the Legal Profession Uniform Law (NSW) 2014, and any member, committee, or delegate of any such authority; 4. A person who is a member of the staff of, or acting at the direction of, any of the entities or persons referred to in (g) to (i) above; 5. Any Australian or foreign authorities or courts as referred to in ss 436 and 437 of the Legal Profession Uniform Law (NSW) 2014; 6. Any Australian government authorities, professional associations or educational bodies as referred to in s 441 of the Legal Profession Uniform Law (NSW) 2014; 7. To any medical practitioner and/or health professional nominated by the Bar Council, a local regulatory authority or corresponding authority within the meaning of the Legal Profession Uniform Law (NSW) 2014 for the purpose of s 95 of the Legal Profession Uniform Law (NSW) 2014 or any equivalent legislative provision, regulation or rule in any other State or Territory; and 8. To any person, body or entity to the extent that disclosure is permitted by ss 462 (2) and (3) of the Legal Profession Uniform Law (NSW) 2014. 1. Further, orders 2 and 3 made on 16 July 2015 (as varied by orders made on 7 December 2015, 11 December 2015 and 30 March 2016) be varied so that they do not preclude: 1. The Bar Council or any member of the Bar Council; and/or 2. The New South Wales Bar Association, or any of its officers or employees, from disclosing: 1. The Respondent's name; 2. The decisions, reasons for decision and orders dated 16 July 2015 ([2015] NSWCATOD 73, 7 December 2015, 11 December 2015 ([2015] NSWCATOD 140) and 30 March 2016 ([2016] NSWCATOD 34) in these proceedings; 3. Documents and evidence filed with the Tribunal in these proceedings; and 4. Information about the proceedings, decisions, documents and evidence referred to in (c) to (e) above, to any of the following persons, bodies or entities for the purpose of enforcing the costs order made by the Tribunal in these proceedings on 11 December 2015 (including, without limitation, assessing those costs and enforcing any judgment of a court that arises from the filing of a cost assessor's certificate or review panel's certificate and any judgment on appeal from a determination of a review panel): 1. Any costs consultant, solicitor, counsel or process server engaged by or on behalf of the Bar Council or the New South Wales Bar Association; 2. The Manager, Costs Assessment within the meaning of the Legal Profession Act 2004 (NSW) and/or the Legal Profession Uniform Law Application Act 2014 (NSW); 3. Any costs assessor (whether acting alone, or as a member of a review panel); 4. Any court in which any appeal from a determination of a review panel is instituted (including, for the avoidance of doubt, judges, officers and employees of such courts); 5. Any court in which a certificate issued by a costs assessor or review panel is filed (including, for the avoidance of doubt, judges, officers and employees of such courts); 6. The Office of the Sheriff of New South Wales, and any officer or employee of that Office, and the equivalent Office in each State or Territory of Australia; 7. The Official Receiver and any court with jurisdiction under the Bankruptcy Act 1966 (Cth) (including, for the avoidance of doubt, judges, officers and employees of such courts); and 8. Any other person, body or entity to whom it is necessary to disclose the information, decisions, documents, or evidence referred to in (a) to (d) above for the purpose of the legislation, regulation and rules that apply from time to time to the assessment of costs and enforcement of judgments. 1. Further, and for the avoidance of doubt, orders 2 and 3 made on 16 July 2015 (as varied by orders mad on 7 December 2015, 11 December 2015 and 30 March 2016) do not preclude disclosure of any documents relating to or information about the Respondent's appeal to the Supreme Court of New South Wales from the Tribunal's decision dated 16 July 2015. I hereby certify that this is a true and accurate record of the reasons for decision of the Civil and Administrative Tribunal of New South Wales. Registrar Amendments 23 September 2016 - Inserted '11 December 2015' at [4] Order (2) (d) DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 23 September 2016