Wentworth v New South Wales Bar Association

In the High Court of Australia, Ms K. Wentworth sought leave to appear on her own behalf in a matter against the New South Wales Bar Association, represented by Mr P.R. Garling. Ms Wentworth moved on a summons filed on 4 February, supported by an affidavit sworn on the same date. The central point of contention at this preliminary stage was Ms Wentworth's inclusion of the words "ex parte" in the title of the proceeding, which the Bar Association argued was intended to exclude them as a respondent.

The primary legal issue before the Court was whether the proceeding could properly be titled "ex parte" and, by extension, whether the Bar Association could be excluded from participating as a respondent. Ms Wentworth contended that the proceeding was a special, *sui generis* application with a close relationship to a writ for mandamus, suggesting it should be heard without a respondent. The Bar Association's concern was that the "ex parte" notation would be used to prevent their involvement.

The Court, acknowledging the Bar Association's concern, indicated that the rules generally require notice and service. His Honour proposed an order to amend the title by deleting the words "ex parte," to which both parties agreed. The Court expressed the view that it was inconceivable that the Bar Association could be excluded from the hearing, given the rules and the nature of the matter, and that the question of their locus standi was not an appropriate matter to be raised prior to an application for special leave.

The Court made an order that the title of the proceedings be amended by deleting the words "ex parte." His Honour indicated that the Court itself would determine the Bar Association's right to be heard if Ms Wentworth continued to press her attitude towards the hearing, but noted that this was a preliminary matter and a long way from the substantive application.