New South Wales Bar Association v Stevens (No 2)

The New South Wales Bar Association applied to Spigelman CJ for a stay of a refusal to grant a stay of disciplinary proceedings against Mr Stevens, pending his application for special leave to appeal to the High Court. The underlying disciplinary proceedings concerned the cancellation of Mr Stevens' practising certificate.

The primary legal issue before Spigelman CJ was whether to grant a stay of the refusal to grant a stay, which would effectively mean granting a stay of the disciplinary proceedings themselves. This required consideration of the principles applicable to applications for stays pending applications for special leave to appeal to the High Court, particularly in the context of disciplinary proceedings against a legal practitioner.

Spigelman CJ applied the principles governing applications for stays pending special leave applications to the High Court. These principles generally require a strong or arguable case on the merits of the appeal, and that the applicant would suffer irreparable harm if the stay were not granted. In this instance, Spigelman CJ found that the prospects of success on a special leave application were not sufficiently strong to warrant the grant of a stay.

Consequently, the application for a stay was dismissed.