Bhagat v Global Custodians Ltd (No 1)

Bhagat was a lawyer who sought to be admitted to the Supreme Court of New South Wales. His application was denied because of a criminal conviction. Bhagat then brought a proceeding against Global Custodians Ltd, alleging that the company's failure to properly report his conviction to the court contributed to the denial of his application. The case was heard in the Supreme Court of New South Wales. The primary legal issue was whether the court had the inherent power to restrict a lawyer's right to appear in court based on their professional conduct.

The court found that it did have the inherent power to restrict a lawyer's right of audience in certain circumstances. The court held that this power was necessary to maintain the integrity of the legal profession and to protect the public from lawyers who were not fit to practise. The court also found that the company's failure to properly report Bhagat's conviction was a breach of their duty to the court. However, the court held that this breach did not directly cause the denial of Bhagat's application, and therefore, Bhagat's claim against the company was unsuccessful. The court also noted that it was not appropriate to restrict Bhagat's right of audience at that time, given that he had not been found guilty of any professional misconduct.

The court ordered that Global Custodians Ltd pay Bhagat's costs of the proceeding. The court also noted that if Bhagat were to be found guilty of professional misconduct in the future, the court may then exercise its inherent power to restrict his right of audience.