New South Wales Bar Association v Stevens

The New South Wales Bar Association appealed to the Supreme Court of New South Wales from a decision of a single judge to grant a stay of the cancellation of a practising certificate. The dispute concerned the cancellation of the practising certificate of a barrister, who had failed to lodge income tax returns for a 20-year period and had not paid income tax for a significant portion of that time.

The Court was required to determine whether the single judge erred in granting the stay. Specifically, the Court considered whether the barrister's extensive and otherwise unblemished record of service to the legal profession and the Bar Association was relevant to the exercise of discretion under the *Legal Profession Act 1987* (NSW) regarding the cancellation of a practising certificate. The Court also considered whether the existence of separate proceedings to strike the barrister off the Roll of Legal Practitioners was relevant to the application for a stay.

The Court reasoned that the failure to comply with taxation obligations was a serious matter that reflected adversely on a practitioner's fitness to hold a practising certificate. While acknowledging the barrister's positive contributions to the profession, the Court found that these did not outweigh the gravity of the tax offences. The Court held that the single judge had placed undue weight on the barrister's professional standing and had not given sufficient consideration to the public interest and the need to maintain confidence in the legal profession. The Court also noted that the proceedings to strike the barrister off the Roll were distinct from the application for a stay of the cancellation of his practising certificate.

The appeal was allowed, and the orders granting the stay were set aside.