Smith v New South Wales Bar Association

This matter came before the High Court of Australia on an application by Mr Smith for a stay pending the hearing of his appeal. The respondent was the New South Wales Bar Association. Mr Smith sought to stay an order of the New South Wales Court of Appeal, made on 4 July, which had ordered his removal from the roll of barristers.

The primary legal issue before the High Court was whether to grant Mr Smith's application for a stay of the Court of Appeal's order. This involved considering the grounds for such a stay, particularly in light of the fact that special leave to appeal had already been granted and the appeal was listed for hearing on 30 April of the following year.

Mr Jackson, QC, for Mr Smith, explained that the Court of Appeal had made two orders removing the applicant from the roll of barristers. The first order was effectively replaced by a second order after further material was brought before the court, or sought to be brought, and the court was asked to review its decision due to an apparent error in the reasons for judgment concerning certain facts. Mr Smith's appeal was confined to the second order, which the parties submitted should be treated as having merged with or substituted the first. The application was for a stay of this second order pending the appeal.