Council of the New South Wales Bar Association v Siggins

26/03/2021

The President of the New South Wales Bar Association would like to draw the following judgment, delivered by the New South Wales Court of Appeal on 25 March 2021, to the attention of members: Council of the New South Wales Bar Association v Siggins [2021] NSWCA 40.

It goes without saying that qualities of honesty, integrity and a preparedness to comply with the law are essential requirements for being a fit and proper person to be a legal practitioner - see [181]. The judgment further highlights the importance of candour for barristers when dealing with the local regulatory authority (even if to their own detriment), as disciplinary matters are not punitive, they are for the benefit of the public - [192], and that the approach to such proceedings before the Court must also be one of candour - [195].

It is also an important reminder in relation for the necessity for candour when applying for, or renewing, practising certificates generally and, in this matter, as to principal place of practice and not avoiding the requirements of the New South Wales jurisdiction in relation to bar exams and the bar practice course, particularly for personal benefit.

Click here to read the judgment.

The Association has and will continue to run CPDs on dealing with professional conduct complaints.