New South Wales Bar Association v Stevens

The New South Wales Bar Association (the claimant) sought the removal of Mr. Stevens (the opponent) from the Roll of Barristers. The proceedings were before the Court of Appeal of New South Wales. The dispute arose from Mr. Stevens' default in filing affidavits, which the Bar Association contended demonstrated an unsatisfactory attention to the proceedings.

The primary legal issue before the Court was whether to grant an adjournment of the removal proceedings, despite the opponent's failure to comply with filing obligations. The Court also considered the appropriate conditions to be imposed if an adjournment were granted, particularly in light of the seriousness of the allegations and the potential impact on the administration of justice.

Giles JA, acknowledging the opponent's unsatisfactory conduct in filing affidavits, nonetheless considered that a further opportunity should be afforded to him. The Court noted that the adjournment was not opposed by the Bar Association. Crucially, Mr. Stevens provided undertakings that he would not apply for a practising certificate or practice as a barrister during the period of the adjournment.

The Court ordered that the hearing fixed for 2 June 2003 be vacated. Mr. Stevens was ordered to pay the claimant's costs of and occasioned by the adjournment, including the costs of the notice of motion.