The Council of the New South Wales Bar Association v Sahade

The Council of the New South Wales Bar Association (the appellant) appealed to the Court of Appeal of New South Wales against a decision of the Bar Association's Disciplinary Tribunal concerning Mr Sahade (the respondent). The core of the dispute involved whether Mr Sahade was a fit and proper person to remain on the roll of barristers, following findings of professional misconduct.

The primary legal issue before the Court of Appeal was whether the assessment of a barrister's fitness to remain on the roll should be conducted at the time of the misconduct or at the time of the hearing. This question arose in the context of evidence presented regarding Mr Sahade's character and conduct subsequent to the commission of the misconduct.

The Court of Appeal affirmed that the assessment of fitness to remain on the roll is a forward-looking exercise, requiring consideration of the practitioner's character at the time of the hearing. The Court reasoned that the purpose of the disciplinary process is not solely punitive but also protective of the public and the reputation of the legal profession. Therefore, evidence of rehabilitation and changed character subsequent to the misconduct is relevant and must be taken into account. The Court found no error in the Tribunal's approach and dismissed the appeal.

The Court of Appeal dismissed the appeal brought by the Council of the New South Wales Bar Association. The appellant was ordered to pay the respondent's costs of the appeal. The respondent's cross-appeal was also dismissed, with no order as to the costs of the cross-appeal.