THE NEW SOUTH WALES BAR ASSOCIATION v MADDOCKS [1988] NSWCA 102

THE NEW SOUTH WALES BAR ASSOCIATION v MADDOCKS [1988] NSWCA 102

The opponent's conduct—threatening to report criminal conduct to achieve litigation advantage, failing to disclose bankruptcy contrary to law while seeking appointment as company director, and repeatedly acting in breach of barristers' professional standards and candour—demonstrated professional misconduct and unfitness to remain on the roll of barristers. Persistent absence of candour and remorse reinforced the need for removal to protect the public and the profession.

Parties
Claimant: The New South Wales Bar Association; Opponent: John David Maddocks
Jurisdiction
Australia
Judgment Date
23 August 1988
Procedural Posture
Disciplinary / Final Judgment (court of Appeal)
Outcome
Name ordered to be removed from the roll of barristers.
Legal Topics
Removal From Roll, Professional Misconduct, Duty of Candour, Barristers' Rules, Unprofessional Conduct
Legal Practitioners Professional Discipline Removal From Roll Professional Misconduct Duty of Candour Barristers' Rules Unprofessional Conduct

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Parties

The New South Wales Bar Association

Claimant

John David Maddocks

Opponent

Procedural Posture

Disciplinary / Final Judgment (court of Appeal)

Legal Issues

  1. 1 Whether Maddocks' conduct constituted professional misconduct warranting removal from the roll of barristers, including: threats to an adversary to disclose alleged criminal conduct for tactical advantage; failure to disclose undischarged bankruptcy to the court when seeking appointment as director; and conducting professional work outside accepted standards (conferences in hotels, no instructing solicitor, accepting cash)

Ratio Decidendi

The opponent's conduct—threatening to report criminal conduct to achieve litigation advantage, failing to disclose bankruptcy contrary to law while seeking appointment as company director, and repeatedly acting in breach of barristers' professional standards and candour—demonstrated professional misconduct and unfitness to remain on the roll of barristers. Persistent absence of candour and remorse reinforced the need for removal to protect the public and the profession.

Court Disposition

Name ordered to be removed from the roll of barristers.

Orders

  • Declare that the opponent is not a fit and proper person to be a member of the Bar of New South Wales.
  • Order that the opponent's name be struck off the roll of barristers.