Event and Time
Event Description
A legal proceeding took place involving the Council of the New South Wales Bar Association seeking an injunction against Yu-Sheng (Alton) Chen for practising without a current practising certificate under the Legal Profession Uniform Law 2014 (NSW). An initial interim restraining order was issued by Chief Justice Harrison on December 4, 2023, and was extended during subsequent hearings due to the defendant's non-compliance and non-appearance in court.
Application and Claims
- The plaintiff (the Council of the New South Wales Bar Association) sought:
- An injunction restraining Yu-Sheng (Alton) Chen from engaging in legal practice. - A declaration that he was holding himself out as entitled to practise law without a valid certificate.
- The defendant (Yu-Sheng (Alton) Chen) did not appear in court and therefore did not provide a defense against the claims of misconduct and lack of proper certification.
Judicial Decisions
- The duty judge extended the interim restraining order until a final hearing could be scheduled.
- The plaintiff was ordered to serve notice to the defendant regarding the hearing date.
- Both parties were granted liberty to apply to the court for further orders on two days' notice.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff's Claims:
- The Council alleged that Yu-Sheng (Alton) Chen was illegally practising law without a current practising certificate. - Mr. Griffin SC emphasized the urgency of the situation and the need for a continued restraining order due to the defendant's failure to engage with the Bar Association and his non-appearance in court.
- Defendant's Position:
- Yu-Sheng (Alton) Chen did not present a defense, as he failed to appear in court for both the initial and subsequent hearings, which indicated a lack of engagement with the legal process and the claims against him.