Smith v New South Wales Bar Association

The applicant, Ralph Edward Smith, sought a stay of orders made by the Court of Appeal of New South Wales, which had struck him off the roll of counsel. This application was made to the High Court of Australia pending his application for special leave to appeal and, if successful, pending the hearing of the substantive appeal. Mr. C.T. Barry appeared for the applicant, and Mr. P.R. Garling appeared for the respondent, the New South Wales Bar Association.

The primary legal issue before the High Court was whether to grant a stay of the Court of Appeal's orders. This involved considering the applicant's entitlement to such a stay, particularly in light of the complex procedural history, which included multiple applications for stays in the court below and two separate judgments from the Court of Appeal concerning the matter. The court was also presented with a chronology of events, which, with a minor amendment regarding a date, was agreed between the parties.

The court was presented with the applicant's affidavit and a chronology detailing his admission to the Bar, his career as an instructing officer with the clerk of the peace, and his subsequent practice as a Crown prosecutor and at the private Bar. The applicant's counsel indicated that the content of the annexures to the affidavit was not critical to the application for the stay. The proceedings focused on the applicant's request for a stay of the orders that removed him from the roll of counsel.