Council of the New South Wales Bar Association v Rollinson

[2021] NSWSC 1448

Supreme Court

New South Wales

Medium Neutral Citation:

Council of the New South Wales Bar Association v Rollinson [2021] NSWSC 1448

Hearing dates:

21 October 2021

Decision date:

21 October 2021

Jurisdiction:

Common Law

Before:

Adamson J

Decision:

(1)   Order that proceedings 2021/265078 and 2021/224727 be expedited.

(2)   List the matters before the Chief Judge at Common Law at 9.30am on Friday, 29 October 2021.

Catchwords:

CIVIL PROCEDURE — Expedition of proceedings pursuant to r 51.60 of the Uniform Civil Procedure Rules 2005 (NSW)

Legislation Cited:

Uniform Civil Procedure Rules 2005 (NSW), r 51.60

Category:

Procedural rulings

Parties:

Council of the New South Wales Bar Association (Plaintiff)
Michael Rollinson (Defendant)

Representation:

Counsel:
Kate Richardson SC (Plaintiff)
Self-represented (Defendant)

Solicitors:
Hicksons (Plaintiff)
Not applicable (Defendant)

File Number(s):

2021/265078; 2021/224727

Judgment

1. Council for the New South Wales Bar Association (the plaintiff) moves on two notices of motion filed on 20 October 2021 in proceedings 2021/224727 and 2021/265078. In each of the notices of motion the plaintiff seeks that the proceedings be expedited pursuant to r 51.60 of the Uniform Civil Procedure Rules 2005 (NSW). The proceedings involve alleged contempt by Mr Rollinson, who is alleged to have practised as a barrister or legal practitioner without a practising certificate.

2. It is plain from the subject matter of the proceedings that the matter is urgent. In the affidavit of Tayah Lee Stevenson, affirmed 20 October 2021, there is evidence to indicate that Mr Rollinson appeared in this Court yesterday. I say nothing about whether that constituted a practice of law when he did not have a practising certificate, but it does tend to indicate the importance of bringing the matter on quickly. Much harm is done to the administration of justice if persons who do not have a current practising certificate hold themselves out as legal practitioners, as it is alleged Mr Rollinson has done.

3. Having spoken to the Chief Judge, I have been informed that his Honour is available to have the matter listed before him next Friday, 29 October 2021. The reason for the period of eight days being allowed is to permit the defendant to have an opportunity to obtain legal advice (in respect of which a referral to the Bar Association for pro bono advice was made by Rothman J on 1 October 2021) in order that he can enter a plea, whether guilty or not guilty, when the matter comes before Beech‑Jones CJ at CL on 29 October 2021. I note that his Honour has indicated to me that he envisages that there would be a hearing of the matters in November or early December of this year, having regard to the urgency of it.

4. For these reasons, I make the following orders:

1. Order that proceedings 2021/265078 and 2021/224727 be expedited.

2. List the matters before the Chief Judge at Common Law at 9.30am on Friday, 29 October 2021.

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Decision last updated: 09 November 2021