Council of the New South Wales Bar Association v Siggins [2019] NSWCA 258

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Council of the New South Wales Bar Association v Siggins [2019] NSWCA 258 Hearing dates: 14 October 2019 Date of orders: 14 October 2019 Decision date: 14 October 2019 Before: White JA Decision: 1. Order that the subpoena take effect in accordance with the amendments in paras [19]-[21] of the judgment.

2. Order that the respondent's notice of motion be otherwise dismissed. Catchwords: CIVIL PROCEDURE – subpoenas – application to set aside – where subpoena sought documents demonstrating respondent's place of practice – whether subpoena lacks legitimate forensic purpose Legislation Cited: Judiciary Act 1903 (Cth), s 78B Legal Profession Act 2004 (NSW), s 45 Legal Profession Uniform Law Application Act 2014 (NSW), ss 5, 22

Constitution, s 117 Cases Cited: Street v Queensland Bar Association (1989) 168 CLR 461; [1989] HCA 53 Category: Procedural and other rulings Parties: Council of the New South Wales Bar Association (Applicant) Julian Phillip Siggins (Respondent) Representation: Counsel: D Habashy (Applicant) Self-represented (Respondent)

Solicitors: Norton Rose Fulbright (Applicant) File Number(s): 2019/94353

[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.]