Wentworth v New South Wales Bar Association

This matter concerns an application for special leave to appeal to the High Court of Australia by Ms. Wentworth against a decision of the New South Wales Court of Appeal. The New South Wales Bar Association was the respondent. The proceedings involved an application by Ms. Wentworth, who was seeking to be admitted to the Bar, and a related issue concerning the Barristers' Admission Board's refusal to issue her a certificate of eligibility.

The primary legal issues before the High Court were whether special leave to appeal should be granted from the New South Wales Court of Appeal's decision. This included determining the relevance of the Court of Appeal's findings on the matter of parties and ostensible bias to the question of whether leave should be granted. Ms. Wentworth also sought to adduce fresh evidence regarding the Barristers' Admission Board's continued refusal to issue a certificate of eligibility, despite her having met all educational and character requirements.

The High Court indicated that it would consider the application for special leave. The Court acknowledged that the Court of Appeal had already determined the questions that would arise if leave were granted. The relevance of the Court of Appeal's decision on ostensible bias was understood to be in relation to whether leave should be granted, as Ms. Wentworth would likely seek to challenge that conclusion if leave were granted. The Court also noted that the Attorney-General for New South Wales, who appeared as amicus curiae in the Court of Appeal, did not intend to make submissions to the High Court on the special leave application but might seek leave to do so if special leave were granted.

The Court granted leave to Ms. Wentworth to file an affidavit containing a letter from the Barristers' Admission Board dated 4 December 1991, despite the Bar Association's submission that it was irrelevant. The Court indicated that it would proceed to hear the special leave application.