de Robillard v Council of the New South Wales Bar Association; Council of the New South Wales Bar Association v de Robillard (No 2) [2024] NSWCA 299

de Robillard v Council of the New South Wales Bar Association; Council of the New South Wales Bar Association v de Robillard (No 2) [2024] NSWCA 299

The Bar Council had statutory authority to institute and prosecute disciplinary proceedings and appearance rights in the Tribunal and on appeal. Mr de Robillard's challenge to standing and validity of the proceedings was rejected. The Tribunal's findings of professional misconduct were confirmed: Mr de Robillard, as counsel, made serious allegations against an opposing solicitor without reasonable foundation or belief on proper material, in contravention of key Barristers' Rules. However, the finding of unsatisfactory professional conduct regarding failure to pay a costs judgment was set aside, as there was no positive duty contravened by non-payment of a judgment debt. Notwithstanding...

Parties
Applicant/respondent: Christian Roger de Robillard; Respondent/applicant: Council of the New South Wales Bar Association
Jurisdiction
Australia
Judgment Date
13 December 2024
Procedural Posture
Appeal and Originating Summons for Declaratory and Disciplinary Orders / Appellate Judgment Following Concurrent Hearing of Appeal and Summons; Review of Registrar's Orders
Outcome
Appeal allowed in part, otherwise dismissed; declaration made of unfitness; removal from roll ordered
Legal Topics
Disciplinary Proceedings Against Barristers, Removal From Roll of Practitioners, Professional Misconduct, Procedural Fairness, Standing of Bar Council, Tribunal Powers and Recommendations, Costs Orders
Legal Profession Administrative Law Occupational Regulation Disciplinary Proceedings Against Barristers Removal From Roll of Practitioners Professional Misconduct Procedural Fairness Standing of Bar Council +2 more

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Parties

Christian Roger de Robillard

Applicant/respondent

Council of the New South Wales Bar Association

Respondent/applicant

Procedural Posture

Appeal and Originating Summons for Declaratory and Disciplinary Orders / Appellate Judgment Following Concurrent Hearing of Appeal and Summons; Review of Registrar's Orders

Legal Issues

  1. 1 Whether the Council of the NSW Bar Association had standing to institute and prosecute disciplinary proceedings and defend the appeal
  2. 2 Whether the disciplinary application was validly filed
  3. 3 Whether the Tribunal committed apprehended bias or procedural unfairness

Ratio Decidendi

The Bar Council had statutory authority to institute and prosecute disciplinary proceedings and appearance rights in the Tribunal and on appeal. Mr de Robillard's challenge to standing and validity of the proceedings was rejected. The Tribunal's findings of professional misconduct were confirmed: Mr de Robillard, as counsel, made serious allegations against an opposing solicitor without reasonable foundation or belief on proper material, in contravention of key Barristers' Rules. However, the finding of unsatisfactory professional conduct regarding failure to pay a costs judgment was set aside, as there was no positive duty contravened by non-payment of a judgment debt. Notwithstanding...

Court Disposition

Appeal allowed in part, otherwise dismissed; declaration made of unfitness; removal from roll ordered

Orders

  • Refuse extension of time to challenge costs order made by Registrar on 21 September 2023
  • Dismiss notice of motion challenging costs order