Council of the New South Wales Bar Association v Fitzgibbon (No. 3)

The New South Wales Bar Association brought proceedings against a barrister, Mr Fitzgibbon, before the Legal Services Tribunal. The association alleged that the barrister had engaged in professional misconduct and unsatisfactory professional conduct. The Tribunal found against the barrister on multiple grounds, and he appealed to the Civil and Administrative Tribunal of New South Wales. The association then sought an order for the Tribunal to make a declaration that it had jurisdiction to hear an appeal from a decision of the Legal Services Tribunal. The association also sought a protective order against the barrister engaging in further unsatisfactory professional conduct.

The primary legal issue before the Civil and Administrative Tribunal was whether it had jurisdiction to hear an appeal from a decision of the Legal Services Tribunal. The association argued that the tribunal had jurisdiction to hear such an appeal, and that the appeal should be allowed. The barrister argued that the tribunal did not have jurisdiction to hear an appeal from the Legal Services Tribunal and that the appeal should be dismissed. The association also sought a protective order against the barrister engaging in further unsatisfactory professional conduct.

The tribunal found that it did not have jurisdiction to hear an appeal from a decision of the Legal Services Tribunal. It held that appeals from decisions of the Legal Services Tribunal lay only to the Supreme Court. The tribunal also found that the association had not made out a case for a protective order. The association's appeal was dismissed, and the application for a protective order was refused.

The tribunal ordered that the barrister be publicly reprimanded with respect to the unsatisfactory professional conduct found in relation to the first ground in the application. It also ordered that should the practitioner be issued with a practising certificate, it would be subject to the condition that the barrister shall not advise with respect to, or appear in, any matter in certain courts without being led by senior counsel. The condition was to be disclosed to any prospective client and instructing solicitor. The tribunal also ordered the barrister to pay all of the costs in the interlocutory application and 75% of the Applicant's costs, as agreed or assessed, on the balance of these proceedings.