Event and Time
Event Description
- Michael Rollinson, a barrister, ceased to hold a practising certificate but continued to practice law, breaching several court injunctions and undertakings.
Application and Claims
- The New South Wales Bar Association's Bar Council filed motions seeking declarations of contempt against Rollinson for:
- Breaching an undertaking to not practice without a practising certificate (First Contempt). - Violating a court injunction that reiterated he cannot practice as a barrister (Second Contempt). - Further breaching another injunction by appearing in Local Court proceedings (Third Contempt).
Judicial Decisions
1. Rollinson was declared in contempt of court for breaching a court undertaking and injunctions on multiple occasions. 2. He pleaded guilty to contempt charges but continued to practice despite acknowledging his actions. 3. He was sentenced to a correctional facility for 9 months, with the term suspended for three years on the condition of compliance with the original court injunction.
Dispute Points and Legal Basis
Dispute Points
- Bar Council's Position:
- Argues that Rollinson repeatedly disregarded clear court orders. - Seeks punitive measures to uphold the integrity of the legal profession. - Evidence included his continuous practice despite being aware of his lack of a practising certificate.
- Rollinson's Defence:
- Acknowledged the breach and pleaded guilty. - Cited psychiatric conditions contributing to his actions. - Apologized and provided an affidavit expressing regret over his behavior, yet continued to practice law.