Bar Association (NSW) v Evatt [1968] HCA 20

Bar Association (NSW) v Evatt [1968] HCA 20

The respondent was knowingly a party to, actively assisted in, and facilitated, a course of action whereby two solicitors charged extortionate and grossly excessive sums as costs to clients, and charged excessive counsel's fees, demonstrating unfitness to practice as a barrister, thus warranting removal from the roll rather than suspension.

Jurisdiction
Australia
Procedural Posture
Appeal / Final Judgment
Outcome
appeal allowed, cross-appeal dismissed
Legal Topics
['professional Misconduct' 'disciplinary Proceedings' 'barristers' 'legal Costs']
['professional Discipline'] ['professional Misconduct' 'disciplinary Proceedings' 'barristers' 'legal Costs']

Case Brief

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether respondent was guilty of professional misconduct as a barrister' "Whether respondent's conduct warranted suspension or disbarment" 'Whether respondent knowingly assisted solicitors in charging extortionate and excessive costs to clients']

Ratio Decidendi

The respondent was knowingly a party to, actively assisted in, and facilitated, a course of action whereby two solicitors charged extortionate and grossly excessive sums as costs to clients, and charged excessive counsel's fees, demonstrating unfitness to practice as a barrister, thus warranting removal from the roll rather than suspension.

Court Disposition

appeal allowed, cross-appeal dismissed

Orders

  • ['Appeal allowed with costs.' 'Cross-appeal dismissed with costs.' "Supreme Court's order for suspension set aside." "Order made that respondent's name be removed from the roll of barristers of the Supreme Court of New South Wales."]