Council of the New South Wales Bar Associaton v Li

The Council of the New South Wales Bar Association appealed to the Court of Appeal of New South Wales against a decision of the Administrative Decisions Tribunal. The dispute concerned the Bar Council's obligations and powers under the *Legal Profession Act 1987* (NSW) in relation to a complaint against a barrister, Mr Li.

The primary legal issues before the Court of Appeal were whether the Bar Council had a duty to institute and maintain proceedings against Mr Li, whether it had the power to withdraw an information it had laid, and whether it possessed the ability to administer a private reprimand. These issues required the Court to interpret provisions of the *Administrative Decisions Tribunal Act 1997* (NSW) and the *Legal Profession Act 1987* (NSW), specifically section 73(5)(g) of the former and section 155 of the latter.

The Court of Appeal considered the statutory framework governing the Bar Council's disciplinary functions. It reasoned that the Bar Council's role was to investigate complaints and, where appropriate, prosecute them. The Court affirmed that the Bar Council had the power to withdraw an information it had laid and that the power to administer a private reprimand was not available to the Bar Council under the relevant legislation. The Court found that the Tribunal had correctly interpreted the scope of the Bar Council's powers and duties.

The appeal was dismissed.