Mitry v Council of the New South Wales Bar Association

The appellant, Richard Mitry, appealed to the Court of Appeal of New South Wales against a decision of the Legal Profession Tribunal which had found him guilty of professional misconduct and ordered his name be removed from the Roll of Legal Practitioners. The respondent was the Council of the New South Wales Bar Association.

The primary legal issues before the Court of Appeal were whether the Tribunal had erred in law by making a finding of professional misconduct and ordering the removal of Mr Mitry's name from the Roll. Specifically, the Court considered whether there was a reasonable apprehension of bias on the part of a member of the Tribunal, and whether the Tribunal had jurisdiction to proceed given an amendment to the information outlining the complaint, which had required acceptance by the Legal Services Commissioner under the *Legal Profession Act 1987*.

The Court of Appeal found that there was a reasonable apprehension of bias on the part of a member of the Tribunal, which vitiated the Tribunal's decision. The Court also determined that the amendment to the information, not having been accepted by the Legal Services Commissioner as required by section 138(2) of the *Legal Profession Act 1987*, meant the Tribunal lacked jurisdiction to proceed on the amended information. Consequently, the appeal was allowed, the orders of the Tribunal were vacated, and Mr Mitry's name was to be reinstated on the Roll of Legal Practitioners. The proceedings were remitted to the Tribunal to be determined in accordance with law, and the respondent was ordered to pay the appellant's costs.