Clyne v Bar Association (NSW) [1960] HCA 40

Clyne v Bar Association (NSW) [1960] HCA 40

The appellant used criminal prosecutions for maintenance, devised to intimidate Mr Mann into ceasing to act for Mrs Jacombe, as a vehicle for a savage public attack on Mr Mann's professional character. In opening the prosecutions he made grave allegations including fraud, perjury, blackmail, financial difficulty and professional dishonesty without evidence capable of substantiating them. This was a glaring abuse of his position and of the absolute privilege enjoyed by counsel in court, aggravated by his prior judicial warning and earlier undertaking to observe professional standards. The facts inevitably supported the Supreme Court's conclusion that he was not a fit and proper person to...

Jurisdiction
Australia
Procedural Posture
Appeal From an Order Striking the Appellant Off the Roll of Barristers of New South Wales / High Court Appeal; Special Leave Treated as Granted; Appeal Dismissed
Outcome
Appeal dismissed.
Legal Topics
['disbarment' 'fit and Proper Person to Practise as a Barrister' 'abuse of Forensic Privilege' "counsel's Opening Address" 'maintenance and Champerty' 'appeal as of Right and Special Leave']
['legal Profession Regulation' 'professional Misconduct' 'appellate Jurisdiction'] ['disbarment' 'fit and Proper Person to Practise as a Barrister' 'abuse of Forensic Privilege' "counsel's Opening Address" 'maintenance and Champerty' 'appeal as of Right and Special Leave']

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Procedural Posture

Appeal From an Order Striking the Appellant Off the Roll of Barristers of New South Wales / High Court Appeal; Special Leave Treated as Granted; Appeal Dismissed

Legal Issues

  1. 1 ['Whether the Supreme Court of New South Wales was right to strike the appellant off the roll of barristers for grave professional misconduct.' "Whether the appellant's conduct in launching and conducting prosecutions for maintenance against a solicitor was an abuse of his position as a barrister." 'Whether an appeal lay as of right to the High Court or should proceed by special leave.' 'The position of a solicitor in relation to maintenance and champerty when acting for an impecunious client.']

Ratio Decidendi

The appellant used criminal prosecutions for maintenance, devised to intimidate Mr Mann into ceasing to act for Mrs Jacombe, as a vehicle for a savage public attack on Mr Mann's professional character. In opening the prosecutions he made grave allegations including fraud, perjury, blackmail, financial difficulty and professional dishonesty without evidence capable of substantiating them. This was a glaring abuse of his position and of the absolute privilege enjoyed by counsel in court, aggravated by his prior judicial warning and earlier undertaking to observe professional standards. The facts inevitably supported the Supreme Court's conclusion that he was not a fit and proper person to...

Court Disposition

Appeal dismissed.

Orders

  • ['Appeal dismissed.']