BRJ v Council of the New South Wales Bar Association [2016] NSWSC 146

BRJ v Council of the New South Wales Bar Association [2016] NSWSC 146

The appeal was dismissed because conduct in each ground was objectively unsatisfactory professional conduct notwithstanding the plaintiff's psychiatric disorder; the statutory test is objective, and mental condition does not alter the characterisation save for exceptional cases involving mental element in the conduct; the Tribunal did not err in its reasoning or application of authority.

Parties
Plaintiff: BRJ; First Defendant: Council of the New South Wales Bar Association; Second Defendant: New South Wales Civil and Administrative Tribunal
Jurisdiction
Australia
Judgment Date
29 February 2016
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Unsatisfactory Professional Conduct, Mental Illness and Professional Discipline, Barristers' Fiduciary Duties, Conflict of Interest, Barristers Rules
Professional Discipline Legal Profession Unsatisfactory Professional Conduct Mental Illness and Professional Discipline Barristers' Fiduciary Duties Conflict of Interest Barristers Rules

Case Brief

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Parties

BRJ

Plaintiff

Council of the New South Wales Bar Association

First Defendant

New South Wales Civil and Administrative Tribunal

Second Defendant

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Tribunal erred in finding unsatisfactory professional conduct where conduct arose out of psychiatric disorder
  2. 2 Whether mental condition alters characterisation of unsatisfactory professional conduct
  3. 3 Interpretation of statutory definitions of unsatisfactory professional conduct and professional misconduct

Ratio Decidendi

The appeal was dismissed because conduct in each ground was objectively unsatisfactory professional conduct notwithstanding the plaintiff's psychiatric disorder; the statutory test is objective, and mental condition does not alter the characterisation save for exceptional cases involving mental element in the conduct; the Tribunal did not err in its reasoning or application of authority.

Court Disposition

Appeal dismissed

Orders

  • Dismiss the summons.
  • Subject to an application for a different order being made to my Associate in writing within seven days hereof, order the plaintiff to pay the first defendant's costs of the proceedings.