Council of the New South Wales Bar Association v Einfeld

The Council of the New South Wales Bar Association brought proceedings against Mr. Einfeld in the Court of Appeal of New South Wales concerning his fitness to remain on the Roll of Local Lawyers. The dispute arose after Mr. Einfeld pleaded guilty to two criminal charges, leading the Council to seek declarations and orders that he was not a fit and proper person to practice law and should be removed from the Roll.

The Court of Appeal was required to determine whether it should proceed to make declarations and orders based on admitted facts, even if those admitted facts were sufficient to support the Council's application. A further issue was whether the Court should consider the totality of the alleged matters and the full context and history of Mr. Einfeld's conduct, rather than limiting itself to the admitted facts.

The Court reasoned that while Mr. Einfeld had conceded that the orders and declarations sought by the Council should be made, it was nonetheless incumbent upon the Court to deal with the totality of the alleged matters. This approach was necessary to understand the full context and history of Mr. Einfeld's conduct, ensuring that any decision made was properly informed and reflected the seriousness of the situation. The Court emphasised that its role extended beyond simply rubber-stamping agreed outcomes, requiring an independent assessment of the facts and their implications for professional standards.