Walker v New South Wales Bar Association [2016] FCA 799

Walker v New South Wales Bar Association [2016] FCA 799

The declarations concerning the proper construction of the 2014 and 2015 Senior Counsel Protocols were not justiciable because the Protocol was a policy document that did not create legal rights or duties, the applicant had no contractual or property rights affected, and non-appointment as Senior Counsel did not involve a sufficient threat to livelihood or damage to reputation. The oppression claim also failed because the Association, Bar Council and Selection Committees were entitled to proceed according to the Protocols approved by the Bar Council; the Bar Council was not bound by earlier resolutions or Presidents' statements to amend the Protocol or direct the Selection Committees in...

Jurisdiction
Australia
Judgment Date
12 July 2016
Procedural Posture
Application for Declarations Under S 21 of the Federal Court of Australia Act 1976 (cth) and an Order Under S 233 of the Corporations Act 2001 (cth) / Final Judgment After Hearing
Outcome
Application dismissed.
Legal Topics
['declaratory Relief' 'justiciability of Internal Affairs of Voluntary Associations' 'senior Counsel Appointment Protocol' 'oppression Remedy' "members' Rights and Remedies"]
['associations and Clubs' 'corporations' 'civil Procedure'] ['declaratory Relief' 'justiciability of Internal Affairs of Voluntary Associations' 'senior Counsel Appointment Protocol' 'oppression Remedy' "members' Rights and Remedies"]

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Procedural Posture

Application for Declarations Under S 21 of the Federal Court of Australia Act 1976 (cth) and an Order Under S 233 of the Corporations Act 2001 (cth) / Final Judgment After Hearing

Legal Issues

  1. 1 ['Whether the subject matter of the declarations sought about the construction of the New South Wales Bar Association Senior Counsel Protocol was justiciable.' "Whether the Association's conduct in connection with the applicant's 2014 and 2015 Senior Counsel applications was oppressive to, unfairly prejudicial to, or unfairly discriminatory against the applicant under ss 232 and 233 of the Corporations Act 2001 (Cth)." 'Whether the Court should grant a declaration and an order requiring publication of a statement about the construction of the Senior Counsel Protocol.']

Ratio Decidendi

The declarations concerning the proper construction of the 2014 and 2015 Senior Counsel Protocols were not justiciable because the Protocol was a policy document that did not create legal rights or duties, the applicant had no contractual or property rights affected, and non-appointment as Senior Counsel did not involve a sufficient threat to livelihood or damage to reputation. The oppression claim also failed because the Association, Bar Council and Selection Committees were entitled to proceed according to the Protocols approved by the Bar Council; the Bar Council was not bound by earlier resolutions or Presidents' statements to amend the Protocol or direct the Selection Committees in...

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.']