Do you have something to tell the Bar Association?

30/09/2024

If you hold a current barristers practising certificate and have...

...been charged with a serious offence or a tax offence or convicted of a notifiable summary offence or had a bankruptcy related event occur or have become the subject of disciplinary proceedings as a lawyer in another country, you must notify the Bar Association in writing within 7 days: see section 51 of the Legal Profession Uniform Law (NSW) and Rule 15 of the Legal Profession Uniform General Rules 2015.

A conviction for a parking offence or a summary offence under transport or traffic legislation need not be notified unless it is an offence:

• for which the court has sentenced you to a term of imprisonment;
• that has a maximum penalty of imprisonment of 6 months or more;
• for which the court has ordered disqualification of your licence upon conviction; or
• involving driving or operating a vehicle under the influence of alcohol or any other drug.

...had an automatic show cause event, such as having been convicted of a serious criminal offence or a tax offence or having had a bankruptcy related event, you are required to notify the Bar Association in writing within 7 days after the show cause event occurred and provide a statement within 28 days which explains why, despite the show cause event, you consider yourself to be a fit and proper person to hold a certificate: see section 88 of the Legal Profession Uniform Law (NSW).

Please note that failure to provide the required statement in response to an Automatic Show Cause Event may result in the Bar Council varying, suspending cancelling or refusing to renew your practising certificate: see section 89 of the Legal Profession Uniform Law (NSW).

...opened a trust money account for the purpose of receiving fees in advance in direct access matters, you are required to notify the Bar Association of certain particulars of the account within 14 days: see clause 15 of the Legal Profession Uniform Law Application Regulation 2015.

Please note that failure to comply with your disclosure obligations under the Uniform Law is unsatisfactory professional conduct and may be professional misconduct: see section 298 of the Legal Profession Uniform Law (NSW).

If you have any questions about whether you are required to disclose something to the Bar Association, please contact the Professional Conduct staff on 9232 4055 or by email pcd@nswbar.asn.au.

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