8 Nov 1993
In the matter of Barrister and the Inherent Jurisdiction of the Court
- Citation
- In the matter of Barrister and the Inherent Jurisdiction of the Court
- Court
- Court of First Instance
- Case number
- HCMP3758/1993
The High Court has an inherent jurisdiction to restore the name of a barrister to the roll following voluntary removal; the repeal of statutory provision s.29(3) did not, absent clear legislative intent, abolish that inherent non‑disciplinary jurisdiction; the jurisdiction is discretionary and may be exercised with conditions to protect the public and the accuracy of seniority records; in the circumstances of this case the discretion was exercised in favour of restoration and no adverse condition on seniority was imposed, but administrative notation of the period of absence was required.