Council of the New South Wales Bar Association v Butland

The Court of Appeal was asked to review a decision by the Disciplinary Tribunal of the New South Wales Bar Association to remove a barrister from the local roll and cancel his practising certificate. The respondent, Mr Butland, had entered into a consent instrument with the Bar Association that included a disciplinary sanction. He appealed the decision on the basis that the consent instrument was not a valid agreement because it did not meet the requirements of the Legal Profession Act 2004 (NSW). The primary issue for the Court was whether the consent instrument was a valid agreement that could be enforced by the Bar Association.

The Court found that the consent instrument was a valid agreement because it met the requirements of the Legal Profession Act 2004 (NSW). The Court held that the consent instrument was a binding agreement between the parties and that the Bar Association was entitled to enforce the agreement. The Court rejected the argument that the consent instrument was not a valid agreement because it was not in writing or signed by both parties. The Court held that the consent instrument was a valid agreement because it was evidenced by a written document that was signed by both parties and contained all the essential terms of the agreement. The Court also held that the consent instrument was not unconscionable or otherwise unenforceable.

The Court dismissed the appeal and confirmed the decision of the Disciplinary Tribunal. The Court ordered that the respondent's name be removed from the local roll and that his practising certificate be cancelled. The Court also ordered that the respondent pay the Bar Association's costs of the proceedings in the Tribunal. The Court held that the consent instrument was a valid agreement that could be enforced by the Bar Association and that the disciplinary sanction was appropriate in the circumstances.